$B    2D 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 


Received  ,  igo     . 

Accession  No.  _  .8.2745.  .    Class  No. 


Extracts  from  the  State  Constitution  Respecting  Public  Schools. 


SECTION  VII. 

6.  The  fund  for  the  support  of  free  schools,  and  all  money, 
stock  and  other  property  which  may  hereafter  be  appropriated 
for  that  purpose,  or  received  into  the  treasury  under  the  pro- 
vision of  any  law  heretofore  passed  to  augment  the  said  fund, 
shall  be  securely  invested  and  remain  a  perpetual  fund;  and 
the  income  thereof,  except  so  much  as  it  may  be  judged  expedient 
to  apply  to  an  increase  of  the  capital,  shall  be  annually  appropri- 
ated to  the  support  of  public  free  schools,  for  the  equal  benefit  of 
all  the  people  of  the  State ;  and  it  shall  not  be  competent  for  the 
Legislature  to  borrow,  appropriate  or  use  the  said  fund,  or  any 
part  thereof,  for  any  other  purpose,  under  any  pretence  what- 
ever. The  Legislature  shall  provide  for  the  maintenance  and 
support  of  a  thorough  and  efficient  system  of  free  public  schools 
for  the  instruction  of  all  the  children  in  this  State  between  the 
ages  of  five  and  eighteen  years. 

11.  The  Legislature  shall  not  pass  private,  local  or  special  laws 
providing  for  the  management  and  support  of  free  public  schools. 


NEW  JERSEY 


SCHOOL  LAWS 


With  Notes,  Blanks  and  Forms 


For  the  Use  and  Government  of  School  Officers, 


PREPARED  BY  THE 


STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION, 


TO  BE  PRESERVED  AND  DELIVERED  BY  EACH  OFFICER 
TO  HIS  SUCCESSOR. 


TRENTON,  N.  J. : 
MACCRELLISH  &  QDIGLEY,  BOOK  AND  JOB  PRINTERS. 

1891. 


THE  SCHOOL  LAW 


AN  ACT  to  Establish  a  System  of  Public  Instruction. 
STATE  BOARD  OF  EDUCATION. 

1.  BE  IT  ENACTED  by  the  Senate  and  General  Assembly  of  composed".*1' how 
the  State  of  New  Jersey,  That  the  general  supervision  ch^>  'a j  i 
and  control  of  public  instruction  in  the  State  ol  New 

Jersey  shall  be  vested  in  a  state  board  of  education, 
which  shall  consist  of  the  trustees  of  the  school  fund 
and  eight  members,  who  shall  be  appointed  by  the 
governor,  one  from  each  congressional  district,  by  and 
with  the  advice  and  consent  of  the  senate;  not  more 
than  four  of  the  members  so  appointed  shall  be  of  the 
same  political  party;  their  term  of  office  shall  com- 
mence on  the  first  day  of  April,  one  thousand  eight 
hundred  and  ninety-one,  and  they  shall  hold  office  for 
the  term  of  five  years  and  until  their  successors  are 
appointed. 

2.  The  board  of  trustees  of  the  state  normal  school 

is  hereby  abolished ;  all  the  duties  and  offices  of  such  iSd°g' 
board  shall  hereinafter  be  exercised  and  performed  by 
the  state  board  of  education,  provided  for  in  the  first 
section  of  this  act. 

3.  Said  institution  (New  Jersey  school  for  deaf-mutes) 

shall  be  under  the  control  and  management  of  the  state  ch^'.  x9cvn, 
board  of  education ;    such  board  shall  have  all  the  §  2 
powers  and  perform  all  the  duties  of  the  board  of  trus- 
tees created  by  the  act  to  which  this  is  a  supplement, 
which  board  of  trustees  is  hereby  abolished. 

(For  the  powers  and  duties  of  the  state  board  of  edu- 
cation as  trustees  of  the  state  normal  school  and  trus- 

82745 


SCHOOL    LAW. 


Quorum. 
P.  L.  187 
Chap.  LX1X, 


Si: 


Powers  and 

duties 

P.  L.  1867, 

Chap. 

CLXXIX.^2. 

Make  rules. 
[See  sec.  31  J 


Recommend 

laws. 


Appoint  county 

superintendents. 

P.  L.  1880, 

Chap.  CLXV, 

I  i- 

Make  rules  for 

institute*. 

P.  L.  1867, 

Chap 

CLXXIX,§2. 

Authorize  pay- 
ment cf expenses 
of  state  superin- 
tendent. 
Ibid  2.2. 


Decide  appeals. 


Compensation. 
Ibid,  g  3 
P.  L.  1885, 
Chap   CVXIV, 
g  i,  div.  4. 


Annual  report. 
P.  L.  1867, 
Chap 
CLXXIX,§4. 


tees  of  the    New  Jersey  school  for   deaf-mutes,   see 
"Normal  School"  and  "Deaf-Mute  School.") 

4.  A  quorum  of  the  state  board  of  education  shall 
consist  of  eight  members. 

5.  The  state  board  of  education  shall  have  power, 
and  it  shall  be  their  duty  : 

I.  To  frame  and  modify  at  pleasure  such  by-laws  as 
may  be  deemed  expedient  for  their  own  government, 
not  inconsistent  with  the  provisions  of  this  act,  and  to 
prescribe  and  cause  to  be  enforced  all  rules  and  regula- 
tions necessary  for  carrying  into  effect  the  school  laws 
of  this  state ; 

II.  To  consider  the  necessities  of  the  public  schools, 
and  recommend  to  the  legislature,  from  time  to  time, 
such  additions   and   amendments   to  the  laws  as  are 
deemed  necessary  for  perfecting  the  school  system  of 
the  state ; 

III.  To  appoint  the  county  superintendents  of  the 
several  counties  of  the  state ; 

IY.  To  prescribe  all  rules  and  regulations  for  holding 
teachers'  institutes; 

Y.  To  authorize  the  payment  by  the  treasurer  of  the 
school  fund,  upon  the  warrant  of  the  state  comptroller, 
of  all  the  necessary  incidental  expenses  incurred  by  the 
state  superintendent  in  the  performance  of  his  official 
duties ; 

VI.  To  decide  all  appeals  from  the  decision  of  the 
state  superintendent  of  public  instruction. 

6.  The  members  of  the  board  shall  receive  no  com- 
pensation for  their  services,  but  the  treasurer  of  the 
school  fund  shall  pay  the  necessary  expenses  of  the  said 
members,  upon  the  warrant  of  the  state  comptroller. 

7.  The  board  shall  report  annually  to  the  legislature 
in  regard  to  all  matters  committed  to  their  care. 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

8.  The  state  superintendent  of  public  instruction  shall 
be  appointed  by  the  governor,  by  and  with  the  advice 


SCHOOL    LAW. 


and  consent  of  the  senate,  for  the  term  of  three  years,  fendentu,phow" 
and  until  his  successor  is  appointed,  and  shall  receive 


annually  a  salary  of  three  thousand  dollars,  to  be  paid  chap.  v/gi. 
out  of  the  income  of  the  school  fund  ;  provided,  that  pr0vu0. 
nothing  herein  contained  shall  prevent  his  re-election. 

9.  He  shall  be  required  to  have  his  office  in  the  state  offiS101 

t_  .  m  P.  L.  1867, 

house,  at  Trenton.  chap. 

(^V^C^CT^C     '/•  f\ 

10.  It  shall  be  his  duty  to  carry  out  the  instructions 

of  the  board,  and  to  enforce  all  rules  and  regulations  StSSSTof 

.,        -,    ,          .,  state  board. 

prescribed  by  them.  ibid.  7. 

11.  He  shall  be,  ex  officio,  secretary  of  the  board  of  ?bfdce(r"officio< 
education,  president  of  the  state  association  of  school  lSee  si:c-  43.] 
superintendents,  and  a  member  of  the  state  board  of  ex- 
aminers, and  of  all  county  and  city  boards  of  examiners. 

12.  He  shall  have  the  supervision  of  all  the  schools  of  f"hp0e^sion  of 
the  state  receiving  any  part  of  the  state  appropriation,  Ibid-§9- 
and  shall  be  the  general  adviser  and  assistant  of  the 
county  superintendents  ;  he  shall,  from  time  to  time,  as 

he  shall  deem  for  the  interests  of  the  schools,  address 
circular  letters  to  said  superintendents,  giving  advice  as 
to  the  best  manner  of  conducting  schools,  constructing 
school  houses,  furnishing  the  same,  and  procuring  com- 
petent teachers. 

13.  The  state  superintendent,  under  the  direction  of  Apportionment 

*  '  of  school  moneys 

the  trustees  of  the  school  fund,  shall  apportion  to  the  ibfdTio158'"1 

several  counties  the  state  school  moneys  to  which  each 

may  be  entitled,  which  apportionment  shall  be  made  in 

the  ratio  of  the  number  of  children  between  the  ages  of 

five  and  eighteen  in  the  said  counties,  as  ascertained  by 

the  last  annual  report  of  the  state  superintendent;  he 

shall  furnish  to  the  state  comptroller,  and  to  the  county 

superintendent  and  the  county  collector  of  each  county, 

an  abstract  of  such  apportionment,  and  shall  draw  his 

order  on  the  state  comptroller  for  the  amount  to  which 

each  county  is  entitled,  in  favor  of  the  county  collector 

of  said  county. 

14.  He  shall  have  power,  and  it  shall  be  his  duty  to 
direct   and   cause   the   county   superintendent   of  any 
county,  or  any  board  of  trustees  or  other  school  officers, 


SCHOOL    LAW. 


Power  of  with 
holding  school 
moneys.  [See 
sees.  22,  41  and 

121. 1 

Ibid.  3  ii. 


[See  sec.  147.] 


Blanks  and 
forms,  how 
furnished 
Ibid. §  12 
[See  sec.  179.] 


To  decide  dis- 
putes. 
Ibid.  \  13. 
[See  sees.  5,  div 
vi,  and  42  ] 


Preserve  books 
and  apparatus. 
Ibid,  g  14. 


File  report,  &c. 
Ibid.  §15. 


to  withhold  from  any  officer,  or  district,  or  teacher,  that 
part  of  the  state  appropriation  derived  from  the  revenue 
of  the  state,  until  such  officer,  district,  or  teacher  shall 
have  complied  with  the  provisions  of  this  act  and  its 
supplements,  relating  to  his,  its  or  their  duties,  and  with 
all  the  rules  and  regulations  made  in  pursuance  thereof 
by  the  state  board  of  education;  he  shall  forbid  the 
payment  of  said  part  of  the  state  appropriation  to  any 
district  in  which  the  school  or  schools  have  not  been 
kept  according  to  law,  or  in  which  a  public  school  has 
not  been  kept  for  at  least  nine  months  during  the  year 
next  preceding  the  demand  for  payment. 

15.  He  shall  prepare,  and  cause  to  be  printed,  suitable 
forms  for  making  all  reports  and  conducting  all  neces- 
sary proceedings  under  the  school  laws  of  this  state, 
and  shall  transmit  them  to  the  local  school  officers  and 
teachers ;  he  shall  cause  all  school  laws  to  be  printed  in 
pamphlet  form,  and  shall  annex  thereto  forms  for  mak- 
ing reports  and  conducting  school  business. 

16.  He  shall  decide,  subject  to  appeal  to  the  state 
board  of  education,  and  without  cost  to  the  parties,  all 
controversies  or  disputes  that  may  arise  under  the  school 
laws  of  the  state  or  under  the  rules  and  regulations  pre- 
scribed by  the  state  board  of  education,  the  facts  of 
which  controversies  or  disputes  shall  be  made  known  to 
him  by  written  statements  by  the  parties  thereto,  veri- 
fied by  oath  or  affirmation,  if  required,  and  accompanied 
by  certified  copies  of  all  documents  necessary  to  a  full 
understanding  of  the  question  in  dispute;  and  his  de- 
cision shall  be  binding  until  a  different  decision  shall  be 
given  by  the  state  board  of  education. 

17.  He  shall  preserve  in  his  office  such  school  books, 
apparatus,  maps,  charts,  works  on  education,  plans  for 
school  buildings,  and  other  articles  of  interest  to  school 
officers  or  teachers,  as  may  be  secured  without  expense 
to  the  state. 

18.  He  shall  file  all  school  reports  of  this  state  and  of 
other  states  which  may  be  sent  to  his  office,  and  shall 


SCHOOL    LAW. 


keep  a  record  of  all  the  acts  connected  with  his  official 
duties,  and  preserve  copies  of  all  the  decisions  given  by 
him. 

19.  He  shall  provide  a  seal,  with  suitable  device,  for  ggy^*1- 
use  in  his  office,  by  which  all  his  official  acts  and  decisions 

may  be  authenticated. 

20.  He  shall  report  to  the  state  board  of  education,  at  ^uf^ort- 
its  annual  meeting  in  December  of  each  year,  a  state- 
ment of  the  condition  of  the  public  schools  and  of  all 

the  educational  institutions  receiving  support  from  the 
state,  which  report  shall  contain  full  statistical  tables  of 
all  items  connected  with  the  cause  of  education  that  may 
be  of  interest  to  the  school  officers  or  people  of  the  state, 
together  with  such  plans  and  suggestions  for  the  improve- 
ment of  the  schools  and  the  advancement  of  the  public 
instruction  in  the  state  as  he  shall  deem  expedient. 

21.  He  shall,  at  the  expiration  of  his  term  of  office,  Sf;cecresp/0°rperty 
deliver  to  his  successor  his  official  seal,  together  with  all  Ibid- §  l8- 
property,  books  and  documents,  maps,  records,  reports 

and  other  papers  belonging  to  his  office,  or  which  may 
have  been  received  by  him  for  the  use  of  his  office. 

22.  He  shall  (unless  the  state  board  of  education  shall,  hoidSg°schooi" 
for  good  cause  shown,  otherwise  direct)  have  power,  and  JJSTJJiJSd 
it  shall  be  his  duty,  to  direct  and  cause  the  county  col-  p.Iil1872, 
lector  of  any  county  to  withhold  from  any  county  super-  DXXVIII,§  i. 
intendent  any  portion  of  his  salary  until  he  has  fully 
complied  with  the  provisions  of  the  act  to  which  this  is 

a  supplement,  or  any  of  its  supplements,  relating  to  his 
duties ;  and  (unless  the  state  board  of  education  shall, 
for  good  cause  shown,  otherwise  direct)  it  shall  be  his 
duty  to  direct  and  cause  the  county  superintendent  of 
any  county,  or  any  board  of  trustees  or  school  officers, 
to  withhold  from  any  officer,  or  district,  or  teacher,  that 
part  of  the  state  appropriation  derived  from  the  revenue 
of  the  state,  until  such  officer,  district,  or  teacher  shall 
have  complied  with  the  provisions  of  the  act  to  which 
this  is  a  supplement,  or  any  of  its  supplements,  relating 
to  his,  its,  or  their  duties,  and  with  all  the  rules  and 
regulations  made  in  pursuance  of  any  of  these  acts  by 


SCHOOL    LAW. 


Suspend  or  re- 
voke teacher's 
certificate. 


Prepare  plans 
for  school  houses. 
P    L.  1880. 
Chap. 


Proviso. 


the  state  board  of  education ;  and  by  and  with  the  advice 
and  consent  of  the  state  board  of  education,  he  shall  have 
power,  and  it  shall  be  his  duty,  to  suspend  or  revoke  the 
license  of  any  teacher,  when  the  county  superintendent 
shall  make  formal  report  that  such  teacher  does  not 
possess  the  attainments  or  qualifications  which  are  essen- 
tial to  his  office,  or  that  the  school  or  department  of  a 
school,  under  the  charge  of  such  teacher,  is  suffering 
from  his  or  her  incompetency,  or  from  his  or  her  failure 
or  inability  to  govern  or  instruct  the  children  who  are 
under  his  or  her  care. 

23.  The  state  superintendent  of  public  instruction 
xvii,  shall  cause  to  be  prepared  and  printed  in  convenient 
form,  plans  and  general  specifications  for  the  construc- 
tion of  school-houses  of  the  various  sizes  and  styles 
adapted  to  the  needs  of  this  state,  with  such  general 
directions  as  to  heating,  lighting,  ventilation  and  other 
sanitary  conditions  and  details  as  may  be  desirable,  and 
shall  furnish  such  plans  and  directions,  upon  application, 
to  school  trustees  and  other  school  officers  of  this  state ; 
provided,  that  not  more  than  five  hundred  dollars  shall 
be  expended  for  this  purpose  in  any  one  year,  and  that 
the  same  shall  be  paid  on  the  warrant  of  the  comptrol- 
ler, out  of  the  income  of  the  school  fund. 


County  Super- 
intendent, how 
appointed. 
P.  L.  1889. 
Chap.  CLXV, 

8*. 

Term. 


Salary  of  county 
superintendent. 
P    L.  1889. 
Chap  CCXXI, 


COUNTY  SUPERINTENDENTS. 

24.  The  state  board  of  education  shall  appoint  for 
each  county  a  person  of  suitable  attainments  to  •  be  the 
county  superintendent  of  the   public   schools  of  that 
county,  who  shall  hold  office  for  the  term  of  three  years 
and  until  his  successor  shall  have  been  appointed  as 
aforesaid,  unless  sooner  removed  for  cause  by  the  state 
board. 

25.  In   order   to   enable   county   superintendents   of 
schools  to  devote  more  time  in  the  discharge  of  the 
duties  of  their  office,  and  to  properly  examine  and  direct 
the  schools  under  their  charge,  by  frequent  visits  to  said 
schools,  and  counsel  and  direction  to  teachers  in  the 


SCHOOL    LAW. 


proper  method  of  instruction,  their  yearly  salary  shall 
be  at  the  rate  of  twelve  and  a  half  cents  for  each  child 
in  the  county  between  the  ages  of  five  and  eighteen,  as 
ascertained   from  the   last  annual  report  of  the  state 
superintendent ;  provided,  that  the  salary  shall  in  no  case  Proviso. 
be  less  than  eight  hundred  dollars,  nor  more  than  thir- 
teen hundred  dollars;  and  provided,  that  in  case  any  city  proviso. 
or  town  shall  have  a  city  or  town  superintendent  of 
schools,  the  children  belonging  to  such  city  or  town  shall  cuy  ortown 

&t     !  superintendent. 

not  be  counted  in  determining  the  salary  of  the  county 
superintendents,  and  the  supervision  of  the  schools  of 
said  city  or  town,  which  would  otherwise  belong  to  the 
county  superintendent,  shall  devolve  upon  the  city  or 
town  superintendent. 

26.  In   order   to   enable   county   superintendents   of  Expenses  of 

county  superin- 

schools  to  discharge  their  duties  with  greater  efficiency,  gn£ent| 
they  shall  receive  annually,  in  addition  to  the  salary  now  ChaP-  DC^»  3 x 
allowed  them,  such  sums  as  they  may  need  to  pay  the 
actual  expenses  incurred  by  them  in  the  performance  of 
their  official  duties,  which  sums  shall  be  paid  by  the 
collector  of  the  county  on  the  order  of  the  state  superin- 
tendent of  public  instruction;  provided,  that  no  such  Proviso. 
order  shall  be  given  in  favor  of  any  county  superintend- 
ent until  such  county  superintendent  shall  have  fur- 
nished the  state  board  of  education  a  certified  statement, 
under  oath,  by  items,  of  the  expenses  he  has  incurred, 
and   that,  during   the  year   for  which   such   order   is 
drawn,  he  has  performed  faithfully  all  the  duties  im- 
posed by  the  school  law  and  by  the  regulations  of  the 
state  board  of  education ;  and  provided,  further,  that  in  proviso. 
no  case  shall  the  expenses  aforesaid  exceed  three  hundred 
annually. 

27.  The  county  superintendent  shall  have  power  to  county  superin- 

tendent au- 
administer  all  necessary  oaths  or  affirmations  to  district  thpnzed  to  »d- 

'     ,  f  minister  oath 

clerks  and  other  school  officers,  for  which  he  shall  re-  ^  'Bxxvn 
ceive  no  compensation.  %  J3- 

28.  He  shall  issue  orders  on  the  county  collector  in 
favor  of  each  township  collector  and  of  each  city  treas- 
urer for  that  portion  of  the  state  appropriation  to  which 


10 


SCHOOL    LAW. 


County  superin- 
tendent to 
issue  orders 
[See  sec.  159.] 
P.  L.  1867, 


XIX,  §23 


License  teachers. 
fix  boundaries  of 
district*,  &c. 
P.  L.  1890, 
Chap.  CXXVII, 

&»• 

[See  sec.  30.] 
Proviso . 


[See  sec.  5.] 


Incorporated 
city  or  town  to 
form  but  one 
district. 


ProviiO 


Stat?  superin- 
tendent may 
form  district  in 
certain  cases. 


New  districts  to 

have  75  chi  dren, 

except  in  special 

cases. 

P.  L.  1876, 

Chap   XIII,  §  i. 


said  township  or  city  is  entitled;  and  shall  file  with 
each  township  collector  and  the  clerk  of  each  school 
district  in  any  township,  a  copy  of  the  apportionment 
of  the  township  school  funds  made  by  him  for  said 
township  within  twenty  days  after  making  said  appor- 
tionment. 

29.  He  shall  examine  and  license  teachers,  fix   the 
boundaries  of  school  districts,  divide  or  unite  any  dis- 
trict or  districts,  whether  organized  and  incorporated 
under  general  or  special  laws,  form  new  districts ;  pro- 
vided, that  any  district  organized  under  a  special  act  of 
the  legislature  shall  not  be  divided  while  there  are  out- 
standing any  bonds  or  other  obligations  for  the   pay- 
ment of  money  issued  by  said  district  under  the  pro- 
visions of  its  special  act  of  incorporation ;  provide  for 
graded  schools,  and  discharge  other  duties  of  general 
supervision  and  superintendence  over  the  public  schools 
of  the  county  in  accordance  with  the  regulations  pre- 
scribed from  time  to  time  by  the  state  board  of  educa- 
tion; that  each  incorporated  city  or  town  shall  here- 
after  constitute  but  one  school  district   for  all  school 
purposes,  and  such  consolidated  district  shall  hold  all 
the  property  and  be  liable  for  all  the  lawful  debts  of  the 
district  so  consolidated ;  provided,  that  when  any  county 
superintendent  shall  neglect  or  refuse  to  form  a  new 
school  district,  or  change  the  boundaries  of  any  existing 
school  district,  when  petitioned  in  writing  so  to  do, 
appeal  may  be  made  to  the  state  superintendent  of  pub- 
lic instruction,  who  shall  have  the  power  to  form  such  new 
school  district  or  to  change  the  boundaries  as  aforesaid, 
if,  in  his  judgment,  such   new  district  or  change  in 
boundaries  is  necessary. 

30.  No  new  school  district  shall  hereafter  be  formed 
which  shall  contain  less  than  seventy-five  children,  be- 
tween five  and  eighteen  years  of  age,  by  the  county 
superintendent  of  any  county,  except  the  circumstances 
of  the  case  be,  in  his  opinion,  extremely  urgent,  in  which 
case  he  shall  certify  to  the  state  superintendent  of  public 
instruction  the  facts  of  the  particular  case,  with  his  re- 


SCHOOL    LAW.  11 


commendation  in  the   premises;    and   upon   the   state 
superintendent  indorsing  his  approval  thereon  in  writ- 
ing, a  new  district  may  be  formed ;   provided,  that  no  Proviso. 
such  new  district  shall   contain  less  than   twenty-five 
children,  between  the  ages  aforesaid. 

31.  It  shall  be  lawful  for  the  state  board  of  education, 

on  application  made  to  them  in  the  manner  herein  pro-  £^  'CC-XLIX 
vided,  to  consolidate  into  one  school  district  all  the  then  2l- 
existing  school  districts  in  any  township  in  this  state 
whose  territorial  area  does  not  exceed  four  square  miles ; 
but  such  application  shall  be  in  writing,  and  shall  be 
signed  by  a  majority  of  the  trustees  of  each  of  the  school 
districts  in  said  township. 

32.  Whenever  the  state  board  of  education,  on  appli- 
cation made  to  them  for  that  purpose,  shall  consolidate 
into  one  district  all  the  previously  existing  school  dis- 
tricts of  any  township,  thereupon  and   thereafter  the 
property,  real  and  personal,  of  the  said  several  school 
districts  embraced  within  such  consolidation  shall  be- 
come and  be  the  property  of  the  district  formed  by  the 
consolidation  of  the  said  several  districts  in  its  corporate 
capacity,  and  shall  be  held  in  its  corporate  name,  and 
the    several   obligations   and    debts   of    said   districts, 
whether  secured  by  bond  or  otherwise,  shall  be  assumed 
by,  and  shall  become  the  obligations  and  debts  of  the 
district  formed  by  the  consolidation. 

33.  In  any  township  consisting  of  a  single  school  dis- 
trict by  reason  of  such  consolidation,  but  not  divided 
into  wards,  there  shall  be  a  school  board  consisting  of 
six  trustees,  all  of  whom  shall  be  elected  at  the  annual 
school  meeting  next  succeeding  such  consolidation ;  at 
the  first  meeting  of  said  trustees  they  shall  proceed  by 
lot  to  divide  themselves  into  three  classes  of  two  mem- 
bers each,  who  shall  hold  office  for  one,  two  and  three 
y^ears,  respectively ;  and  annually  thereafter  two  trustees 
shall  be  chosen  at  each  annual  school  meeting  who  shall 
hold  office  for  the  term  of  three  years. 

34.  In  any  township  consisting  of  a  single  school  dis- 
trict  by  reason   of   such   consolidation,  and  which   is 


12 


SCHOOL    LAW. 


Trustees  to  be 
elected  from 
wards. 

Ibid.  §4. 


Appointment  of 
trustees  by 
county  superin- 
tendent 
Ibid.  3  5. 


Organization  of 
boards  of 
trustees. 
Ibid,     6. 


District  school 

tax. 

Ibid,  g  7. 


[Sec   sec.  66.] 


divided  into  wards,  the  school  board  shall  consist  of  two 
trustees  from  each  ward,  all  of  whom  shall  be  chosen  at 
the  annual  school  meeting  next  succeeding  such  consoli- 
dation, and  at  such  election  one  person  shall  be  chosen 
from  each  ward  to  serve  for  a  term  of  one  year,  and  one 
person  to  serve  for  a  term  of  two  years,  and  annually 
thereafter  one  person  shall  be  chosen  from  each  ward  to 
serve  for  a  term  of  two  years  as  member  of  the  board 
of  school  trustees. 

35.  It  shall  be  lawful  for  the  county  superintendent 
to  appoint  the  members  of  the  board  of  trustees  in  any 
township  consolidated  into  one  district  under  the  pro- 
visions of  this  act,  immediately  after  such  consolidation 
shall  go  into  effect,  having  regard  to  the  appointment 
of  members  of  the  boards  of  trustees  in  the  several  dis- 
tricts embraced  in  the  consolidation,  as  far  as  practica- 
ble, but  the  persons  so  appointed  shall  hold  office  only 
until  the  election  of  trustees  at  the  succeeding  annual 
election,  as  herein  provided. 

36.  Each  board  of  trustees  created  under  the  provi- 
sions of  this  act,  shall  organize  by  the  election  of  one  of 
its  members  as  president,  and  the  election  of  a  district 
clerk,  and  shall  have  power  to  fix  the  compensation  of 
said  clerk ;  said  board  of  trustees  shall  be  in  all  things 
subject  to  the  provisions  of  the  act  to  which  this  is  a 
supplement,  and  to  the  supplements  thereto  and  amend- 
ments thereof,  and  none  of  the  rights,  powers  or  fran- 
chises of  a  school  district  shall  be  abrogated  or  abridged 
by  reason  of   its  being  formed  or  constituted  by  the 
method  of  consolidation  herein  provided. 

37.  It  shall  be  lawful  for  the  legal  voters  of  any  con- 
solidated district  at  the  annual  school  meeting  or  at  a 
special  meeting  called  in  accordance  with  the  provisions 
of  the  eleventh  division  of  the  thirty-ninth  section  of 
the  act  to  which  this  act  is  a  supplement,  to  vote,  grant 
and  raise  such   sum  or  sums  of  money  as  a  majority 
present  may  determine,  for  the  purpose  of  buying  land, 
building  or  enlarging  school  houses,  or  for  any  purpose 


SCHOOL    LAW.  13 


for  which  money  may  be  lawfully  granted  or  raised  in 
any  school  district  under  the  provisions  of  the  act  to 
which  this  is  a  supplement. 

38.  In  any  township  consisting  of  a  single  school  dis-  Trustees  of  con- 

.  solidated  district 

trict,  formed  by  consolidation  under  the  provisions  of  may  sen  property 
the  supplement  approved  May  eleventh,  one  thousand  chap.  XLIV, 
eight  hundred  and  eighty-six,  it  shall  be  lawful  for  the 
school  board  of  such  consolidated  district  to  sel'.  and 
convey  any  real  or  personal  property  belonging  to  such 
district,  whether  the  title  to  such  property  has  been 
derived  through  such  consolidation  or  otherwise,  and 
to  execute  and  deliver  to  the  purchaser  a  due  and  proper 
conveyance  therefor  in  the  corporate  name  of  such  dis- 
trict ;  provided,  however,  that  the  provisions  of  this  act  Proviso, 
shall  not  apply  to  or  authorize  the  sale  of  any  property, 
real  or  personal,  which  maybe  in  use  for  school  pur- 
poses, or  any  part  of  any  school  lot  or  grounds  upon 
which  a  building  is  erected  and  used  and  occupied  as  a 
school  house,  but  shall  only  apply  to  such  real  and  per- 
sonal property  as  are  not  in  use  for  school  purposes  and 
which,  in  the  judgment  of  such  school  board,  are  not 
needed  for  school  purposes. 

39.  He  shall  have  power,  and  it  shall  be  his  duty,  to  Appointment  of 
appoint  trustees  for  any  district  which  for  any  cause  r? Le?867, 
fails  to  elect  at  the  regular  time ;  to  appoint  trustees  to  CLXXIX,  g  2S. 
fill  vacancies  ;  to  appoint  the  first  trustees  for  any  new 

district ;  provided,  however,  that  when  a  new  district  is  Proviso. 
organized,  such  of  the  trustees  of  the  old  district  as 
reside  within  the  limits  of  the  new  one  shall  be  trustees 
of  the  new  one,  and  the  vacancy  in  the  old  district  shall 
be  filled  by  his  appointment.* 

40.  Whenever  any  county  superintendent  of  schools  Removal  of 

-,.,  .  .,  ,  ,  district  clerk. 

shall  receive  satisfactory  evidence  that  any  district  clerk  P.  ^.  isas, 
in  his  county  has  neglected  or  refused  to  perform  any  I  «• 
official  duty  assigned  to  him  by  law,  he  may  declare  the 
office  of  said  district  clerk  vacant,  and  proceed  to  fill, 
by  appointment,  such  office  for  the  unexpired  term; 

*The  office  of  trustee  is  not  vacated  by  an  unaccepted  resignation.     Townsendv.  Trus- 
tees, &"c.,  12  Vr.  312. 


14 


SCHOOL    LAW. 


Proviso 


Proviso. 


Power  of  with- 
hold ng  school 
moneys      |  See 
sees.  14,  22  and 
121] 

P.  L.  1883, 
Chap. 
CXXXVIII,?!. 


Doors  to  open 
outwardly. 


To  give  advice. 
P.L  1867,  Chap. 
CLXXIX,§28. 

Appeal  to  state 
superintendent. 


State  association 
of  school  super- 
intendents. 
Ibid.  §  29. 
P.  L.  1872, 


Chap 

CXVIII, 


DX: 


Annual  reporc 
by  county  and 
city  superin- 
tendents 
P.  L.  1871, 
Chap   DXCIX, 
§  i. 
[See  sec.  45.] 


provided,  that  due  notice  of  his  proposed  action  shall  be 
sent  by  the  county  superintendent  to  such  district  clerk, 
who  shall  have  opportunity  to  present  satisfactory  rea- 
sons for  such  neglect  or  refusal,  and  that  the  office  of 
such  district  clerk  shall  not  be  declared  vacant  until  the 
expiration  of  three  weeks  from  the  date  of  said  notice ; 
and  provided  further,  that  the  action  of  the  county  super- 
intendent shall  be  approved  by  the  state  superintendent 
of  public  instruction. 

41.  He  shall  have  power  to  withhold  that  part  of  the 
state  appropriation  derived  from  the  revenue  of  the  state 
from  any  district  in  which  the  inhabitants  fail  to  provide 
a  suitable  school  building  and  outhouses ;  provided,  that 
no  building  of  two  or  more  stories,  used  for  the  purpose 
of  public  instruction,  in  which  any  of  the  doors  at  places 
of  exit  are  so  constructed  as  to  open  inwardly,  shall  be 
considered  a  suitable  school  building  within  the  mean- 
ing of  this  section. 

42.  In  all  controversies  arising  under  the  school  law, 
the  opinion  and  advice  of  the  county  superintendent 
shall  first  be  sought,  and  from  him  appeal  may  be  made, 
if  necessary,  to  the  state  superintendent  of  public  instruc- 
tion.* 

43.  The  county  and  city  superintendents  shall  together 
constitute  an  association,  to  be  called  "  The  State  Asso- 
ciation of  School  Superintendents,"  which  association 
shall  meet  annually,  at  such  times  and  places  as  the 
state  board  of  education  may  appoint,  and  at  such  other 
times  as  they  may  agree  upon. 

44.  Each  county  superintendent  and  each  city  super- 
intendent, in  his  annual  report  to  the  state  superintend- 
ent, in  the  manner  and  form  prescribed  by  him,  shall 
specifically  set  forth  any  and  all  such  facts  within  his 
purview  as  touch  and  describe  the  location  and  capacity 
of  each  school  healthfully  to  accommodate  the  pupils  in 
attendance,  to  the  end  that  a  full  observation  may  be 

*In  controversies  arising  under  the  school  law,  the  appear  is  to  be  made  to  the  county 
superintendent,  and  not  to  the  city  superintendent.  Macfarland  v.  Gloucester  City,  16 
Vr.  100. 


SCHOOL    LAW.  15 


deduced,  favorable  or  otherwise,  as  to  an  ample  supply 
of  sittings,  suitability  of  conveniences,  eligibility  of  posi- 
tion, attention  to  ventilation,  and  as  to  all  such  other 
pertinent  subjects  as  may  clearly  and  fully  exhibit  the 
sanitary  condition  of  the  public  schools  under  his  offi- 
cial inspection. 

45.  The  annual  reports  required  of  city  superintend- 

ents,  district  clerks  and   township  collectors  shall   be  £^p  CCCLV, 
made  on  or  before  the  first  day  of  August,  and  that  the  *  4- 
reports  of  the  county  superintendents  shall  be  made  on 
or  before  the  first  day  of  September  of  each  and  every 
year. 

SCHOOL  TRUSTEES. 

46.  An  annual  meeting  for  the   election   of  school  Trustees,  when 

°  and  how  elected. 

trustees  shall  be  held  in  each  district  on  the  Tuesday  of  £haL  ^n  ?  z 
the  week  following  the  annual  town  meeting,  at  the  [see  sees.  47'and 
district  school  house,  if  there  be  one,  and,  if  there  be 
none,  at  a  place  to  be  designated  by  the  district  clerk, 
who  shall  post  notices  thereof,  specifying  the  day,  time, 
object  and  place  of  such  meeting,  in  at  least  three  pub- 
lic places  in  the  district,  one  of  which  shall  be  at  the 
school  house,  if  there  be  one,  at  least  ten  days  previous  lSee  sec.  50.] 
to  the  time  of  meeting ;  the  voters  shall  be  legal  voters  [see  sec.  4s.] 
of  the  district,  and  a  plurality  of  votes  shall  elect ;  and 
no  person  shall  be  eligible  to  the  office  of  trustee  unless 
he  is  a  resident  in  the  district ;  and  further,  no  person 
shall  be  eligible  to  the  office  of  school  trustee  unless  he  and  write- 
or  she  can  read  and  write ;  but  women  who  are  resi- 
dents  in  the  district,  and  over  the  age  of  twenty-one  sch°o1  trustee- 
years,  shall  also  be  eligible  to  the  office  of  school  trustee, 
and  may  hold  such  office,  and  perform  the  duties  of  the 
same,  when  duly  elected  by  the  legal  voters  of  the  dis- 
trict; provided,  that  the  term  .of  office  of  any  trustee  Proviso. 
which  would  otherwise  expire  on  the  first  or  second  day 
of  July  of  any  year,  shall  expire  on  the  Tuesday  of  the  [See  sees.  52  and 
week  following  the  annual  town  meeting  of  the  same  5; 
year. 


16 


SCHOOL    LAW. 


Penalty  for  fail- 
ure of  district 
clerk  to  post 
notice  for  annual 
meeting. 
P   L.  1891, 
Chap.  XXI,  §  i. 


Legal  voters  at 
school  meetings. 
P.  L. 1887, 
Chap   CXVI, 


Proviso. 


Where  annual 
school  meeting 
may  be  held  in 
certain  cases. 
P   L.  1888, 
Chap.  XCVI, 


Trustees  to  be 
elected  by  ballot 
P    L.  1889, 
Chap. 
LXXXIV,  5  i. 


Meetings  of 
township  boards. 
P.  L.  1872, 
Chap. 
DXXVIII,  §  4. 

Term  of  office  of 
trustees, 
P.  L. 1867, 
Chap. 

CLXXIX,  0  32. 
[See  sec.  53.] 


47.  Any  district  clerk  who  shall  fail  to  post  notices 
of  the  election  of  trustees,  as  required   by  the  act  to 
which  this  is  a  supplement,  shall  pay  a  fine  of  twenty 
dollars,  to  be  recovered  in  an  action  of  debt  in  the  court 
for  the  trial  of  small  causes,  by  any  person  resident  of 
said  school  district. 

48.  Every  citizen  of  the  United  States,  of  the  age  of 
twenty-one,  who  shall  have  been  a  resident  of  this  state 
for  one  year,  and  of  the  county  in  which  he  or  she  claims 
a  vote  for  five  months  next  before  said  meeting,  shall 
have  the  right  to  vote  at  any  school  meeting  in  any 
school  district  of  the  state  wherein  they  may  reside; 
provided,  that  no  person  in  the  military,  naval  or  marine 
service  of  the  United  States,  by  being  stationed  in  any 
garrison,  barrack  or  military  or  naval  force  or  station 
within  the  state,  and  no  pauper,  idiot,  insane  person,  or 
person  convicted  of  a  crime,  which  now  excludes  him 
or  her  from  being  a  witness,  unless  pardoned  or  restored 
by  law  to  the  right  of  suffrage,  shall  enjoy  the  right  to 
vote  in  any  school  meeting. 

49.  Whenever  the  school-house  in  any  school  district 
in  this  state  is  not  sufficiently  commodious  for  the  an- 
nual school  meeting  for  the  election  of  school  trustees, 
the  annual  school  meeting  may  be  held  in  such  a  con- 
venient public  place  within  the  district  as  may  be  selected 
by  the  school  trustees,  and  notices  thereof  shall  be  posted 
by  the  district  clerk  as  provided  in  the  act  to  which  this 
is  a  supplement. 

50.  The  legal  voters  of  the  several  school  districts  in 
this  state  are,  in  each  and  every  of  the  said  school  dis- 
tricts, hereby  authorized  and  required  to  elect  by  ballot, 
and  not  otherwise,  at  their  annual  school  meetings,  their 
school  trustees,  until  otherwise  required  by  law. 

51.  The  township  boards  of  trustees  of  the  several  town- 
ships of  this  state  shall  meet  semi-annually,  at  such  times 
and  places  as  the  county  superintendent  may  appoint. 

52.  In  all  districts  in  which  elections  have  been  pre- 
viously held,  one  trustee  shall  be  elected  for  the  term  of 
three  years,  and  if  there  are  vacancies  to  be  filled,  a  suffi- 


SCHOOL    LAW.  17 


cient  number  shall  be  elected  to  fill  them  for  the  unex- 
pired  term. 

53.  Whenever  it  shall  appear  bj  the  annual  school  ^tnfi1vajvful  to 
census  that  there  are  five  hundred  or  more  children  of  pULeeJs80j 


legal  school  age  in  any  school  district  in  this  state  ^ap  XCI1I> 
having  but  three  trustees,  before  the  number  of  such 
trustees  shall  be  changed  at  least  one-fifth  in  number  of 
the  legal  voters  residing  within  such  school  district 
shall  petition  the  trustees,  by  a  petition  duly  signed  and 
witnessed  by  two  persons  of  lawful  age,  who  shall  make 
affidavit  that  such  petition  was  signed  by  said  voters 
in  their  presence,  requesting  said  trustees  to  insert  in 
the  call  for  the  annual  school  meeting  a  notice  as  pre- 
scribed in  section  three  of  this  act,  then  it  shall  be  law-  [See  sec.  55  ] 
ful  for  the  legal  voters  to  determine  by  a  majority  vote 
of  those  present  whether  the  number  of  school  trustees 
shall  or  shall  not  be  increased  to  five. 

54.  In  case  it  be  decided  to  increase  the  number  of  Elect.ion  °ff  addi- 

nona.1  trustees. 

school  trustees  in  any  such  school  district  to  five,  then  ^p  ^^  2 

the  said  legal  voters  shall  proceed  to  elect,  in  the  man- 

ner in   which   school  trustees   are   now   elected,   tw© 

additional  trustees,  one  to  hold  office  for  two  years,  and 

one  for  three  years  ;  and  annually  thereafter  a  trustee 

or  trustees  shall  be  elected  for  the  term  of  three  years, 

to  fill  the  places  of  those  whose  terms  expire. 

55.  It  shall  be  the  duty  of  the  district  clerk  in  districts  Notice  that  the 

question  of  five 

coming  within  the  provisions  of  the  first  section  of  this     swi11  be 


act,  in  his  notice  of  the  annual  meeting  for  the  election  Ibid- 

of   school  trustees,  to  insert  a  notice   that   there  are  [See  sec.  53.] 

within  the  district  five  hundred  children  of  legal  school 

age,  and  that  it  will   be  determined   at  said   annual 

meeting  whether  the  board  of  school  trustees  shall  con- 

sist of  three  or  five  ;  provided  further,  that  no  vote  shall  Proviso. 

be  taken  upon  this  subject  unless  public  notice  shall 

have  been  given  as  herein  provided  for. 

56.  In  new  districts  acting  under  trustees  appointed  ^Sfcts 
by  the  county  superintendent,  three  trustees  shall   be  ^p  l867> 
elected  for  one,  two  and  three  years,  respectively.* 

*  Balance  of  section  repealed.     P.  L.  1882,  chap.  XVII,  g  i. 

2 


18  SCHOOL    LAW. 


cistrict  cierk,         57.  Each  board  of  trustees  shall,  within  ten  days  after 

how  elected.  m  * 

ibid,  g  34.          the  annual  election,  meet  at  the  school  house,  or  at  some 

other  convenient  place,  and  proceed  to  elect  one  of  their 

when  appointed  number  clerk  of  the  board,  who  shall  be  known  and  re- 

by  county  super- 

ferred  to  as  "  district  clerk  ;  "  and  on  their  failure  to  do 


so  the  county  superintendent  shall  appoint  said  clerk. 

Dudes  of  district      5^  jje  8hall  record,  in  a  suitable  book,  all  proceed- 

ibid.  §35.          ings  of  the  board,  and  of  the  annual  school  meetings, 

•     and  of  special  school  meetings,  and  pay  out,  by  orders 

on  the  township  collectors,  in  the  manner  prescribed  by 

law,  all  school  moneys  of  the  district,  received  from  the 

state,  township  or  district  ;  he  shall  keep  a  correct  and 

detailed  account  of  all  expenditures  of  school  moneys  in 

his  district,  and  report  the  same  to  the  county  superin- 

tendent, and  also  to  the  township  committee  ;  at  each 

annual  school  meeting  he  shall  present  his  record  book 

and  his  accounts  for  public  inspection,  and  shall  make  a 

statement  of  the  financial  condition  of  the  district  and 

of  the  action  of  the  trustees. 

59«  He  slia11  take  annually,  or  the  board  shall  cause 
.  to  be  taken,  during  the  month  of  May,  an  exact  census 
of  all  children  residing  in  the  district  between  the  ages 
of  five  and  eighteen,  not  including  the  children  who 
may  be  inmates  of  poorhouses,  asylums  or  almshouses, 
and  shall  specify  the  names  and  ages  of  such  children, 
and  the  names  of  their  parents  or  guardians  (all  children 
who  may  be  absent  from  home,  attending  colleges,  board- 
ing schools  and  private  seminaries  of  learning,  shall  be 
included  in  the  census  list  of  the  city,  town  or  district 
in  which  their  parents  or  guardians  reside,  and  not  be 
taken  by  the  district  clerk  of  the  city,  town  or  district 
where  they  may  be  attending  such  institutions  of  learn- 
ing) ;  and  that  he,  or  the  person  authorized  to  take  the 
same,  shall  make  a  full  report  thereof,  verified  by  him 
donh  0[sae?s?ca"  under  oath  or  affirmation  that  the  same  is  correct  and 
true  to  the  best  of  his  knowledge  and  belief,  on  the 
blanks  furnished  for  that  purpose,  to  the  county  super- 
intendent, on  or  before  the  first  day  of  September  next 
after  his  appointment,  and  keep  a  copy  of  the  same  for 


SCHOOL    LAW.  19 


the  use  of  the  school  trustees,  and  shall  receive  for  his 

services  such  compensation  as  the  board  of  trustees  may  compensation. 

allow. 

60.  The  board  of  health  of  any  township,  or  any  city,  Local  boards 

•.  -.  ,  .  authorized  to 

borough,  town  or  other  local  municipal  government  in  .jj^j  e|j; 

this  state,  shall  have  the  right  to  declare  any  epidemic         ' 

or  cause  of  ill  health  to  be  so  injurious  or  hazardous  as 

to  make  it  necessary  to  close  any  or  all  of  the  public  or  Punic  schools 

private  schools  in  the  limits  of  such  township,  or  of  may  b€ 

such   city,   borough,   town    or   other   local    municipal 

government;  but  in  case  of  public  schools,  the  same 

shall  not  be  closed  except  by  the  direction  of  the  board 

of  education,  school  trustees  or  other  body  having  the 

control  or  direction  thereof;  any  such  board  of  educa- 

tion, school  trustees  or  other  body  having  control  of 

public  schools  may,  in  such  case,  cause  any  or  all  of 

the  schools  under  their  control  to  be  closed,  if,  in  their 

judgment,  such  closing  be  necessary  for  sanitary  pur- 

poses. 

61.  Any  board  of  education,  school  trustees  or  other  Tm-  tees  may 

.  -,  .  prohibit  attend- 

body  having  control  of  the  public  schools,  may,  on 


account  of  the  prevalence  of  any  contagious  disease,  or  ^  LXVIII 
to  prevent  the  spread  of  such  contagious  disease,  pro-  §22 
hibit  the  attendance  of  any  teacher  or  scholar  upon  any 
school  under  their  control,  and  may  specify  the  time 
during  which  such  teacher  or  scholar  shall  remain  away 
from  such  school,  and  may  prohibit  the  attendance  of 
any  unvaccinated  child  who  has  not  had  the  small-pox, 
and  shall  also  have  power  to  decide  how  far  revaccina- 
tion  shall  be  required  if  a  case  or  cases  of  small-pox 
have  occurred  in  the  city  or  district. 

62.  At  the  enrollment  of  the  children  by  the  clerk  of  unvaccinated 
the  school  districts  in  the  townships  of  this  state,  or  bv  designated  on 

...  J    census  roll. 

other  proper  officers  in  the  cities  or  municipalities,  in-  Ibid-  §  *3- 
quiry  shall  be  made  as  to  how  many  of  the  children 
within  the  school  age  are  unvaccinated,  and  the  same 
shall  be  designated  by  a  mark  on  the  said  roll,  and  in 
case  any  are  found  to  be  unvaccinated  whose  parents 
desire  them  to  be  protected  from  small-pox,  and  who, 


20 


SCHOOL    LAW. 


Children  may  be 
vaccinated  at 
expense  of  town- 
ship. 


Fuel  and  sup 

plies. 

P.  L. 1867, 

Chap. 

CLXXIX, 

?37- 


Name  and  num- 
ber of  districts. 
Ibid.  I  38. 


Trustees  a  cor 
porate  body. 


Executions 
against  school 
districts. 
P.  L.  1881, 
Chap. 
LXXVII,  §  i. 


in  the  judgment  of  the  board  of  education  or  the 
trustees  of  the  school  districts,  are  unable  to  pay  there- 
for, the  clerk  of  said  district,  or  other  authorized  person, 
may  give  to  the  said  child  or  children  a  permit  to  ap- 
pear at  the  office  of  any  regularly  licensed  physician  in 
said  district  or  municipality  to  be  vaccinated,  and  such 
physician,  on  presentation  of  said  permit,  with  his  cer- 
tificate appended  thereto  that  the  said  vaccination  has 
been  by  him  successfully  performed,  shall  be  entitled  to 
receive  from  the  said  township  or  local  municipal  au- 
thority the  sum  of  fifty  cents  for  each  case  so  certified, 
and  the  same  shall  be  paid  in  the  same  manner  that 
other  bills  for  current  expenses  are  paid  therein. 

63.  He  shall  keep  the  school  buildings  in  repair ;  he 
shall  provide  the  necessary  fuel,  and  obtain  for  the  schools 
such  supplies  of  crayons  for  blackboards,  for  the  use  of 
the  pupils,  as  are  necessary  in  carrying  out  the  course  of 
study  prescribed   therein;  which  repairs  and  supplies 
shall  be  paid  for  out  of  the  moneys  raised  by  the  district. 

64.  Every  school  district  shall  be  known  by  the  name 
and  number  assigned  to  it  by  the  county  superintendent, 
in  accordance  with  the  general  regulations  of  the  state 
board  of  education,  and  the  trustees  thereof  shall  be  a 
body  corporate,  to  be  called  and  known  by  the  name  of 

"  The  Trustees  of  School  District  Number ,  in  the 

County  of ,"  and  shall  be  capable  of  suing  and  being 

sued  in  all  courts  and  places  whatever,  and  of  purchasing, 
holding  and  conveying  real  and  personal  property  for 
the  use  and  benefit  of  the  'schools  of  such  district,  and 
may  have  a  corporate  seal.* 

65.  When  any  execution  shall  be  issued  against  any 
school  district  of  this  state,  or  against  the  trustees  of 
any  such  school  district  as  a  body  corporate  represent- 

*  i.  The  action  must  be  brought  against  the  district  by  its  corporate  name,  and  not  against 
the  trustees  in  their  individual  names,  with  description  appended  of  "Trustees,  &c." 
Sproul  v.  Smith,  n  Vr.  314.  The  trustees  of  a  school  district,  in  their  corporate  capacity, 
are  not  liable  to  be  sued  in  a  justice's  or  district  court.  Toiunsendv.  Trustees,  &*c.,  12 
Vr.  312  ;  Trustees,  &*c.,  v.  Stocker,  13  Vr.  115. 

2.  The  fact  that  a  debt  was  contracted  by  the  trustees  of  a  district,  which  was  subsequently 
consolidated  with  another  district,  will  not  bar  the  right  to  recover ;  the  new  district  having 
become  entitled  to  all  the  property,  rights  and  assets  of  and  liable  to  all  just  claims  against 
the  several  districts.  Sproulv.  Smith,  n  Vr.  314. 


SCHOOL    LAW.  21 


ing  such  school  district,  by  any  court  authorized  to  issue 
the  same,  whether  upon  a  judgment  recovered  before  or 
subsequent  to  the  passing  of  this  act,  and  there  shall  be 
no  property  belonging  to  said  school  district  or  body 
corporate  sufficient  to  satisfy  the  same  liable  to  be  levied 
on,  then  the  officer  authorized  to  execute  such  process 
shall  serve  a  copy  of  the  same  upon  the  assessor  or  as- 
sessdrs  of  the  township  or  townships  in  which  said 
school  district  is  situate,  and  also  upon  the  collector  or 
collectors  of  such  township  or  townships;  and  upon 
receipt  of  such  copy  or  copies,  it  shall  be  the  duty  of 
such  assessor  or  assessors,  at  the  time  of  the  next  regu- 
lar assessment  of  school  taxes  in  such  school  district,  to 
assess  and  levy,  in  addition  to  said  regular  school  taxes, 
the  amount  due  upon  said  execution  with  interest  to  the 
time  when  the  same  shall  be  paid  to  the  officer  serving 
such  process,  upon  the  inhabitants  of  said  school  dis- 
trict arid  their  estates,  and  upon  the  taxable  property 
therein ;  and  this  tax  shall  be  assessed  and  collected  at  Tax,  how  as- 

,  -,  ,         sessed  and  col- 

the  same  time  and  in  the  same  manner  and  under  the  i«cted  and  to 

whom  paid. 

same  conditions,  restrictions  and  regulations  upon  the 
assessor  or  assessors,  collector  or  collectors,  as  other 
taxes  for  school  purposes  are  required  to  be  assessed 
and  collected  in  such  school  district ;  and  the  amount 
of  this  tax,  when  collected,  shall  be  a  separate  fund,  and 
shall  be  paid  over  by  the  collector  of  the  township  in 
which  such  school  district  shall  be  situate,  and  if  such 
school  district  be  situate  in  two  or  more  townships,  then 
by  the  collector  of  that  township  in  which  the  fraction 
of  the  school  district  containing  the  school  house  is  situ- 
ate, to  the  officer  serving  the  process. 

B6.  The  board  of  trustees  of  any  school  district  shall  Power of  trus- 

'  tees. 

have  power,  and  it  shall  be  their  duty  :  J^  l867> 

I.  To  employ  and  dismiss  teachers,  janitors,  mechan-  cLXXIX»§39- 
ics  and  laborers,  and  to  fix,  alter,  allow  and  order  paid  ^S1^,  &c. 
their  salaries  and  compensations.* 

*The  employment  of  teachers  by  school  corporations  is  an  act  judicial  in  its  character, 
and  should  be  done  at  a  meeting  of  the  trustees,  of  which  all  should  have  notice  and  in 
which  all  have  opportunity  to  participate.  To-wnsend  v.  Trustees,  &>c.,  12  Vr.  312.  An 
appointment,  by  a  body  authorized  by  statute  to  appoint,  of  one  of  their  own  number,  is  a 
mere  nullity.  33  Barber  287. 


22 


SCHOOL    LAW. 


Make  rules. 


Erect  buildings, 
buy  land  and 
borrow  money. 


Proviso. 


Rent  buildings. 


Purchase 
property. 


Enforce  rules  of 
State  Board. 


Course  of  study. 
Text  books. 

Suspend  pupils. 
Provide  books. 

Require  pupils 
to  have  books. 


Require  teachers 
to  keep  register. 


Call  special 
meetings  of 
voters. 


[See  sees.  169 
and  173.] 


II.  To  make  and  enforce  rules  and  regulations,  not  in 
conflict  with  the  general  regulations  of  the  state  board 
of  education  for  the  government  of  schools,  pupils  and 
teachers ; 

III.  To  erect,  enlarge,  repair  or  improve  school  build- 
ing, and  purchase,  lease,  mortgage  or  sell  school  lots  or 
school  houses,  to  borrow  money,  with  or  without  mort- 
gage, and  to  raise  money  by  taxation  for  any  such*  pur- 
pose, or  to  pay  debts  incurred  therefor,  or  for  the  current 
expenses  of  any  schools ;  provided,  that  for  any  such  acts 
they  shall  have  the  previous  authority  of  a  vote  of  the 
district ; 

IV.  To  rent,  furnish  and  repair  school  buildings,  and 
keep  the  same  insured ; 

V.  To  purchase  personal   property,  and  to  receive, 
lease  and  hold  in  fee,  in  trust  for  their  district,  any  and 
all  real  or  personal  property,  for  the  benefit  of  the 
schools  thereof ; 

VI.  To  enforce  the  regulations  prescribed  by  the  state 
board  of  education,  and,  in  connection  with  the  county 
superintendent,  to  prescribe  the  course  of  study  to  be 
pursued,  and  a  uniform  series  of  text-books  to  be  used 
in  the  school  or  schools  under  their  charge ; 

VII.  To  suspend  or  expel  pupils  from  school ; 

VIII.  To  provide  books  for  indigent  children  ; 

IX.  To  require  all  children  to  be  furnished  with  suit- 
able books,  as  a  condition  of  membership  in  the  school ; 

X.  To  require  every  teacher  to  keep  a  etate  school 
register ; 

XL  To  call  a  special  meeting  of  the  legal  voters  of  the 
district  at  any  time  when,  in  the  judgment  of  said  trus- 
tees, the  interests  of  the  school  may  require  it,  which 
meeting  shall  be  called  in  the  manner  provided  in  section 
eighty-six  of  this  act  for  calling  the  annual  district  meet- 
ing, and  no  business  shall  be  transacted  at  such  special 
meeting,  except  such  as  has  been  set  forth  in  the  notices 
by  which  said  meeting  was  called;* 

*i .  A  special  meeting  of  the  legal  voters  of  a  school  district,  duly  called,  may  vote  to  raise 
money  for  school  purposes,  although  such  appropriation  has  been  refused  at  the  annual 


SCHOOL    LAW.  23 


XII.  It  shall  be  the  duty  of  the  trustees  of  any  school 
district  in  this  state  to  call  a  special  meeting  of  the  legal 
voters  of  such  district  whenever  one-fourth  of  such  legal 
voters  shall  request  them,  by  petition,  so  to  do;  and  in 
the  notices  calling  such  special  meeting  shall  be  inserted 
the  purpose  or  purposes  named  in  said  petition. 

XIII.  To  permit  a  school  house  to  be  used  for  other 
than  school  purposes,  when  a  majority  of  the  trustees 
present  shall  so  agree  at  a  meeting  regularly  called  for  Q,£;  l867' 
that  purpose ; 

XTV.  To  make  an  annual  report,  on  or  before  the  j?aLe^°rt 
first  of  August,  to  the  county  superintendent,  in  the  £CCLV  >^ 
manner  and  form  prescribed  by  the  state  superintend-  [See  sec  l82  J 
ent  of  public  instruction. 

67.  In  case  of  the  failure  of  any  district  clerk  or  city 
superintendent  to  send  his  annual  report  to  the  county 
superintendent  of  his  county  in  the  form  prescribed,  Dxxvn, 
on  or  before  the  first  of  August,  such  county  superin- 
tendent shall  make  up  his  report  for  such  district  or  city 
from  the  last  published  report  of  the  state  superintend- 
ent ;  in  making  up  such  report,  however,  he  shall  deduct 
one-fifth  from  the  school  census ;  provided,  however,  that  rrovis°- 
all  such  cases  of  delay  or  negligence  shall  be  reported 
to  the  state  superintendent  of  public  instruction,  whose 
duty  it  shall  be  to  investigate  the  same,  and  to  restore 
the  number  deducted  from  the  school  census  in  all  cases 

meeting.  State,  Trustees,  &c.,  v.  Lewis,  6  Vr.  377.  Special  meetings  of  the  voters  of  a 
school  district  cannot  be  called  unless  ordered  by  the  board  of  trustees  regularly  convened. 
Bogert  v.  Trustees,  &*c.,  14  Vr.  358.  Where  money  is  ordered  to  be  raised  by  taxation  at 
a  special  meeting  the  previous  action  of  the  trustees  in  calling  such  meeting  in  pursuance 
of  authority  here  given,  must  appear  in  the  certificate  of  the  clerk  to  the  assessor.  Lamb 
v.  Hurjf,  9  Vr.  310;  Slack  v.  Palmer,  10  Vr.  250. 

2.  Notices  for  special  school  meetings  to  raise  special  school  taxes  should  be  put  up 
at  least  ten  days  before  the  time  of  meeting.     Davis  v.  Rapp,  14  Vr.  594. 

3.  At  a  special  district  meeting  called  by  the  board  of  trustees  of  a  school  district  to 
build  an  addition  to  a  school  house,  a  majority  of  the  votes  of  the  taxable  residents  present 
at  the  meeting  is  sufficient  authority  to  act.     Crandall  v.  Trustees ,  &^c.,  22  Vr.  138. 

4.  A  special  school  tax,  ordered  by  a  special  meeting  of  the  voters,  which  was  not  called 
by  the  board  of  trustees  and  of  which  the  district  clerk  did  not  give  notice,  will  be  set 
aside.     Apgar  v.  Van  Syckle,  17  Vr.  492. 

5.  A  special  meeting  can  vote  to  raise  money  to  build  a  school  house,  although  a  similar 
proposition  has  been  rejected  at  a  previous  special  meeting  held  in  the  same  year.     Stack- 
house  v.  School  Dist.  43,  Sussex  Co.,  23  Vr.  291. 

6.  See  note  2  at  end  of  section  169. 


SCHOOL    LAW. 


Trustees  author- 
ized to  provide 
text  books  ai  d 
supplies. 
P.  L.  1890, 
Chap.  CXXI, 


Proviso. 


Districts  may 
raise  special  tax 
frr  text-books. 
Ibid.  ?  2. 


Proviso. 


Trustees  of 
public  schools, 
when  to  meet. 
P.  L.  1880, 
Chap.  CXVIII, 
3 1. 


Bills  and  de- 
mands to  be 
passed  on  in 
open  session. 
Ibid.  3  2. 


when  he  receives  satisfactory  reasons  for  such  delay  or 
negligence. 

68.  The  trustees  of  all  public  schools  within  this  state 
are  hereby  authorized  to  provide  such  text-books  and 
other  school  supplies  as  shall,  pursuant  to  existing  law, 
be  approved  by  the  county  superintendent  and  such 
boards  of  trustees,  and  supply  the  same  free  to  the  use 
of  the  pupils  in  said  schools ;  provided,  that  when  any 
pupil  shall  lose,  deface  or  destroy  any  book  supplied  to 
such  pupil  under  the  provisions  of  this  act,  the  parents 
or  guardians  of  such  pupil  shall  replace  such  book  so 
lost,  defaced  or  destroyed,  or  shall  be  liable  for  dam- 
ages to  the  amount  of  the  cost  of  such  book,  on  the 
complaint  of  the  teacher,  and  collected  by  the  district 
clerk,  by  an  action  in  debt  therefor,  in  any  court  having 
jurisdiction,  in  his  name  as  district  clerk,  together  with 
the  costs  of  said  action. 

69.  The  payment  of  the  cost  of  such  text-books  and 
other  school  supplies  shall  be  provided  by  special  dis- 
trict tax  in  the  same  manner  as  other  special  school 
taxes  are  assessed  and  collected ;  provided^  however ,  that 
if  any  district  now  has,  or  hereafter  shall  have,  to  its 
credit,  surplus  funds  which  shall  have  accrued  other- 
wise than  from  appropriations  made  by  the  state,  and 
available,  wholly  or  in  part,  to  defray  said  cost,  then 
and  in  that  case  the  trustees  of  such  district  may,  with 
the  written  consent  of  the  county  superintendent,  use 
such  surplus  for  such  payment. 

70.  The  trustees  of  the  public  schools,  elected  in  each 
school  district  in  this  state,  shall  meet  for  the  transaction 
of  business  connected  with  the  public  schools  in  their 
respective  districts,  on  the  first  Tuesday  after  the  first 
Monday  in  March,  June,  September  and  December,  or 
oftener  if  the  business  of  the  board  require  it. 

71.  All  bills  and  demands  for  money  expended  for 
school  purposes,  and  all  contracts  entered  into,  shall  be 
presented  and  passed  on  in  open  session  of  the  board  of 
school  trustees,  and  no  bills  or  demands  for  money  on 


SCHOOL    LAW.  25 


that  account  shall  be  paid  which  have  not  been  thus 
passed  on  and  approved. 

72.  It  shall  be  unlawful  for  any  board  of  school  trus- 
tees  or  board  of  education  of  this  state,  to  pay  or  dis- 
burse,  out  of  the  school  moneys  under  their  control,  any  l^^f. 
sum   for   school  supplies,  books,  maps,  charts,  globes,  n 
fuel,  erecting,  enlarging,  repairing  or  improving  school 
buildings  and  grounds,  and  janitors'  salaries,  unless  the 
person  claiming  or  receiving  the  said  moneys  shall  first 
present  to  the  board  of  trustees  or  board  of  education  a 
detailed  bill  of  items  or  demand,  specifying  particularly 

how  such  bill  or  demand  is  made  up,  and  the  dates 
thereof,  and  the  names  of  the  persons  to  whom  the 
amount  composing  such  bill  or  demand  is  due ;  provided, 
that  the  district  clerk,  as  he  may  be  authorized  by  the 
board  of  trustees,  is  empowered  to  purchase  for  the 
school  or  schools  under  their  control,  such  supplies  as 
may  be  necessary,  and  shall  present  an  itemized  bill  of 
the  same,  with  affidavit  attached,  which  shall  be  acted 
on  and  paid  as  other  bills;  and  said  itemized  bill  shall 
be  considered  as  satisfying  all  the  provisions  of  this  act. 

73.  Any  person  or  persons  presenting  any  such  bill 

or  demand,  shall  make  an  affidavit  that  the  goods  or  Ibid-  '* 4 
services,  itemized  in  said   bill  or  demand,  have   been 
delivered  or  rendered,  that  no  bonus  has  been  given  or 
received  by  any  person  or  persons  with  the  knowledge 
of  the  deponent  in  connection  with  the  claim,  and  that 
the  same  is  correct  and  true  ;  provided,  that  the  clerk  of  Proviso. 
any  board  of  trustees  or  board  of  education  is  hereby 
authorized  to  take  said  affidavit  without  cost. 

74.  Any  board  of  school  trustees  or  board  of  educa-  £^^5'  JJT 
tion  who  shall  willfully  violate   the  provisions  of  this  ibid7Ysnd 73' 
act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  not  to 

exceed  one  hundred  dollars,  or  as  the  court  may  direct. 

75.  The  district  trustees  of  each  township  shall  together  Meetings  of 

township 

constitute  an  association,  to  be  called  "  The  Township  jjjjjj,01  [See 
Board  of  Trustees ;  "  said  board  shall  meet  at  such  times  pcL5°J67> 
and  places  as  the  county  superintendent  may  appoint,  cLxxix,g4o. 


26 


SCHOOL    LAW. 


for  the  purpose  of  hearing  from  him  communications 
and  suggestions  in  regard  to  the  management  of  the 
schools,  and  of  submitting  to  him  questions  for  advice 
or  opinion  relating  to  the  same. 


School  register, 
how  kept. 
Ibid.  §41. 


Report  to 
county  super- 
intendent. 
Ibid.  I  42. 


School  register 
left  with  district 
clerk. 


Proviso. 


TEACHERS. 

76.  Every  teacher  of  a  public  school  shall  keep  a 
school  register  in  the  manner  provided  therefor,  and  no 
salary  shall  be  paid  to  such  teacher  until  said  register  is 
exhibited  to  the  district  clerk  or  other  officer  authorized 
to  make  payment,  and  until  said  officer  finds,  by  examina- 
tion, that  the  register  has  been  properly  kept  for  the 
time  for  which  salary  is  demanded,  and  enters  upon  the 
register  a  certificate  to  that  effect.* 

77.  Every  teacher  who  shall  leave  a  school  before  the 
close  of  the  school  year  shall,  at  the  time  of  leaving, 
make  to  the  county  superintendent  a  report  of  the  school 
for  all  that  portion  of  the  current  school  year  that  the 
school  has  been  in  his  or  her  charge,  and  shall,  at  the 
same  time,  give  a  duplicate  of  said  report,  and  surrender 
the  school  register  to  the  district  clerk,  and  any  teacher 
who  naay  be  teaching  any  school  at  the  close  of  the 
school  year  shall,  in  his  or  her  annual  report,  include 
all  the  statistics  from  the  school  register  for  the  entire 
school  year,  notwithstanding  any  previous  report  for  a 
part  of  the  year ;  no  school  money  shall  be  paid  to  any 
teacher  for  the  last  month  of  his  or  her  services,  until 
the  report  herein  required  shall  have  been  made  and 
received,  and  the  register  exhibited ;  provided,  that  in 
graded  schools,  in  which  there  are  more  teachers  than 
one,  the  principal  teacher  alone  shall  be  responsible  for 
the  school  report  and  register. 

*  i .  A  school  teacher  who  has  rendered  services  according  to  the  requirements  of  the  school 
jaw,  and  is  refused  compensation  out  of  the  fund  specially  provided  for  that  purpose,  is 
entitled  to  a  mandamus  to  compel  the  proper  officers  to  perform  their  duty,  and  to  make 
payment  of  what  is  justly  due.  Apgar  v.  School  Trustees,  &c.t  5  Vr.  308. 

2.  In  an  action  brought  by  a  teacher  to  rec  jver  of  the  trustees  of  a  school  d  strict  for  ser- 
vices as  a  teacher  an  objection  that  the  plaintiff  was  not  the  holder  of  a  proper  teacher's 
certificate  in  full  force  and  effect  cannot  be  made  after  the  evidence  is  closed  and  the  cause 
being  summed  up.  Sproul  v.  Smith,  n  Vr  314. 


SCHOOL    LAW.  27 


78.  No  teacher  shall  be  entitled  to  any  salary  unless  when  not  enti- 

tied  to  salary 

such  teacher  shall  be  the  holder  of  a  proper  teacher's  "»*.§«. 
certificate  in  full  force  and  effect. 

79.  In  every  contract,  whether  written  or  verbal,  be-  ^holidays*1 
tween  any  teacher  and  board  of  trustees,  a  school  month  Ibid -§44< 
shall  be  construed  and  taken  to  be  twenty  school  days, 

or  four  weeks  of  five  school  days  each ;  and  no  teacher 
shall  be  required  to  teach  school  on  the  first  day  of  Janu- 
ary, the  twenty-second  day  of  February,  thirtieth  day  of 
May,  fourth  day  of  July,  first  Monday  in  September  (to  *£  ^jv 
be  known  as  Labor  Day),  Thanksgiving  Day,  twenty-  2 *• 
fifth  day  of  December  and  any  day  upon  which  a  general 
election  shall  be  held  for  members  of  assembly  in  each 
year,  and  also  any  day  set  apart  by  proclamation  of  the 
governor  of  this  state  or  by  the  president  of  the  United 
States  for  the  purpose  of  public  observance ;  and  no  de- 
duction from  the  teacher's  time  or  wages  shall  be  made 
by  reason  of  the  fact  that  a  school  day  happens  to  be  one 
of  the  days  referred  to  in  this  section;  any  contract 
made  in  violation  of  this  section  shall  have  no  force  or 
effect  as  against  the  teacher. 

80.  Every  teacher  shall  have  power  to  hold  every  pupil  Juethorftrys0ver 
accountable  in  school,  for  any  disorderly  conduct  on  the  p^jsey, 
way  to  or  fronTschool,  or  on  the  play  grounds  of  the  CLXXIX,  g45. 
school,  or  during  recess,  and  to  suspend  from  school  any 

pupil  for  good  cause ;   provided,  that  such  suspension  Pr°™<>- 
shall  be  reported  by  the  teacher  to  the  trustees  as  soon 
as  practicable ;    and  if  such  action  is  not  sustained  by  [See  sec.  s3.] 
them,  the  teacher  may  appeal  to  the  county  superintend- 
ent, whose  decision  shall  be  final. 

Corporal  punish- 

81.  No  teacher  shall  be  permitted  to  inflict  corporal  ™e£  f°jj?j,dden- 
punishment  upon  any  child  in  any  school  in  this  state.      CLXXIX  §  9s 

82.  In  case  of  the  dismissal  of  any  teacher  before  the  Dismissal  of 
expiration  of  any  contract  entered  into  between  such  ibid  g  46. 
teacher  and  trustee,  the  teacher  shall  have  the  right  of 
appeal  to  the  county  superintendent,  and  if  the  county 
superintendent  shall  decide  that  the  removal  was  made 
without  good  cause,  said  teacher  shall  be  entitled  to 
compensation  for  the  full  time  for  which  the  contract 


28 


SCHOOL    LAW. 


Pupils  to  submit 
to  authority  of 
teacher. 
Ibid.  §  47 
[See  sec.  80.] 


Parents  liable 
fjr  damages. 


No  child  to  be 

excluded  from 

any  public 

school 

P.  L.  1881, 

Chap.  CXLIX, 


Penalty  for 
voting  to  exclude 
any  child  from 
any  public 
school. 
Ibid.  §2. 


was  made;  but  it  shall  be  optional  with  the  trustees 
whether  he  or  she  shall  or  shall  not  teach  for  the  unex- 
pired  term. 

PUPILS. 

88.  The  pupils  of  the  public  schools  shall  comply 
with  the  regulations  established  in  pursuance  of  law  for 
the  government  of  such  schools ;  shall  pursue  the  course 
of  study,  and  use  the  series  of  text-books  prescribed  by 
the  trustees  and  county  superintendent,  and  shall  sub- 
mit to  the  authority  of  the  teachers;  continued  and 
willful  disobedience,  or  open  defiance  of  the  authority 
of  a  teacher,  the  use  of  habitual  profanity  or  obscene 
language,  shall  constitute  good  cause  for  suspension  or 
expulsion  from  school ;  any  pupil  who  shall  in  any  way 
cut,  deface  or  otherwise  injure  any  school  house,  fences 
or  outbuildings  thereof,  shall  be  liable  to  suspension 
and  punishment,  and  the  parents  of  such  pupils  shall  be 
liable  for  damages  to  the  amount  of  injury,  on  com- 
plaint of  the  teacher,  the  amount  to  be  determined  by 
the  trustees,  and  collected  by  the  district  clerk,  by  an 
action  in  debt  therefor,  in  any  court  having  jurisdiction, 
in  his  name  as  district  clerk,  together  with  the  costs  of 
said  action. 

84.  No  child  between  the  age  of  five  and  eighteen 
years  of  age  shall  be  excluded  from  any  public  school 
in  this  state  on  account  of  his  or  her  religion,  nation- 
ality or  color.* 

85.  Any  member  of  any  board  of  trustees  of    any 
school  district,  or  any  member  of  any  board  of  educa- 
tion in  this  state,  who  shall  vote  to  exclude  from  any 
public  school  in  this  state,  any  child  between  the  age  of 
five  and  eighteen  years  of  age,  on  account  of  his  or  her 
religion,  nationality  or  color,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  dollars,  nor  more 
than  two  hundred  and  fifty  dollars,  or  by  imprisonment 


*  School  trustees  cannot  exclude  children  from  any  public  school  on  the  ground  that  they 
we  of  the  negro  race.     Pierce  v.  Union  District  Trustees,  17  Vr   76;  18  Vr   348. 


SCHOOL    LAW.  29 


in  the  county  jail,  workhouse  or  penitentiary  of  the 
county  in  which  the  offense  is  committed,  not  less  than 
thirty  days,  nor  more  than  six  months,  or  both  fine  and 
imprisonment  may  be  imposed  in  the  discretion  of  the 
court. 

86.  It  shall  not  be  lawful  to  charge  tuition  fees  for  the  ™™| 'ees  not 
support  of  public  schools  in  this  state,  but  that  all  such  ^  >87i, 
schools  shall  be  free  to  all  persons  over  five  and  under  DXXVII.§9 
eighteen  years  of  age  residing  within  the  district,  so  long 

as  such  schools  can  be  thus  maintained  with  the  public 
school  funds. 

87.  The  trustees  of  all  public  school  districts  within  £glsf88p9upils- 
this  state  be  and  they  are  hereby  authorized  and  required  Chap  LI>  l  '• 
to  admit  to  such  public  schools,  all  pupils  between  the 

ages  of  five  and  twenty  years,  residing  in  their  respec- 
tive districts ;  provided,  always,  that  attendance  shall  not  Proviso. 
be  compulsory  in  the  case  of  any  pupil  under  the  age  of 
six  or  over  the  age  of  eighteen  years ;  and  provided  fur-  Pr<>viso 
ther,  that  in  taking  the  school  census,  only  pupils  be- 
tween the  ages  of  five  and  eighteen  years  shall  be  en- 
rolled, as  heretofore. 


BOARDS  OF  EXAMINERS. 
88.  There  shall  be  a  state  board  of  examiners,  consist- 


State  board  of 
examiners. 
P.  L. 1867, 


ing  of  the  state  superintendent  of  public  instruction  and 

the  principal  of  the  state  normal  school ;  they  shall  have  c 

power,  and  it  shall  be  their  duty,  to  hold  examinations 

of  teachers,  and  to  grant  state  certificates,  or  revoke  the 

same,  under  such  rules  and  regulations  as  the  state  board 

of  education  may  prescribe ;  and  a  certificate  thus  granted  ^^5 of 

shall  entitle  the  holder,  without  further  examination,  to 

teach  in  any  part  of  the  state,  so  long  as  the  certificate 

remains  valid  by  the  terms  thereof,  and  in  any  school 

not  of  a  higher  grade  than  that  for  which  the  certificate 

represents  him  as  qualified. 

89.  There  shall  be  in  each  county  a  county  board  of  county  boards 

*•  *  of  examiners. 

examiners,  which  shall  be  composed  of  the  county  super-  Ibid  §  «• 
intendent,  who  shall,  ex-officio,  be  chairman,  and  of  a 


30  SCHOOL    LAW. 


number  of  teachers,  not  to  exceed  three,  to  be  appointed 
by  him,  who  shall  hold  office  for  one  year  from  the  time 
of  their  respective  appointments ;  but  no  person  shall  be 
appointed  as  county  examiner  unless  he  holds  either  a 
state  or  a  first  grade  county  certificate ;  the  county  super- 
intendents shall  fill  vacancies  that  occur  from  absence  or 
other  causes,  but  if  he  cannot  find  any  teacher  in  his 
county  qualified  under  the  provisions  of  this  section  will- 
ing to  serve,  he  shall  conduct  the  examination  himself; 
the  board  shall  meet  at  such  times  and  places  as  may  be 
designated  by  the  chairman,  and  shall  hold  a  session  at 
least  as  often  as  once  in  every  three  months,  and  at  the 
place  and  during  the  session  of  any  teacher's  institute 
held  in  the  county;  each  member  of  the  county  board 
of  examiners,  except  the  county  superintendent,  shall  re- 
lon>  ceive  for  his  services,  in  addition  to  traveling  expenses, 

chap,  ccxxi,  ft  gum  not  exceeding  five  dollars  for  each  of  the  quarterly 
examinations  held  by  said  board  in  February,  August 
and  November,  and  eight  dollars  for  the  regular  quarterly 
examination  in  May,  to  be  paid  by  the  county  collector 

Proviso.  on  the  order  of  the  county  superintendent ;  provided,  that 

this  compensation  shall  be  paid  only  for  the  regular 
quarterly  examinations ;  and  that  whenever  said  board 
shall  hold  sessions  at  any  other  time,  no  compensation 
shall  be  allowed  from  the  county ;  but  in  cases  of  such 
special  examinations,  said  board  may  charge  each  appli- 
cant an  examination  fee  not  exceeding  two  dollars ;  the 
county  board  of  examiners  shall  have  power  to  conduct 
examinations  and  to  grant  certificates  of  different  grades, 
in  accordance  with  the  general  regulations  on  the  sub- 
ject prescribed  by  the  state  board  of  education,  and  the 

«Tuntficboeid!  highest  grade  of  certificate  thus  granted  shall  entitle  the 
holder,  without  further  examination,  to  teach  in  any 
part  of  the  state  so  long  as  this  certificate  remains  valid, 
and  in  any  school  not  of  a  higher  grade  than  that  for 
which  the  certificate  represents  the  holder  as  qualified ; 
any  county  certificate  lower  than  the  highest  grade  will 
only  entitle  the  holder  to  teach  a  school  of  a  correspond- 


SCHOOL    LAW.  31 


ing  grade  in  the  county  for  which  such  certificate  was 
granted. 

90.  In  every  city  having  a  board  of  education  governed  £*  mtaeids  °f 
by  special  laws  there  may  be  a  city  board  of  examiners,  ch^p.Lxxiv, 
to  consist  of  such  members  as  said  board  of  education  of  §  I- 

that  city  may  appoint ;  said  examiners  shall  have  power, 
subject  to  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  city  board  of  education,  to  grant  certifi- 
cates of  qualification,  which  shall  be  valid  for  all  schools 
of  that  city,  and  no  teacher  shall  be  employed  in  any  of 
the  schools  of  that  city  unless  possessing  such  certificate, 
or  a  state  certificate,  nor  in  any  school  of  a  higher  grade 
than  that  for  which  such  certificate  represents  the  holder 
to  be  qualified ;  any  city  board  of  examiners  may  recog- 
nize the  certificates  of  any  other  city,  and,  without 
examination,  issue  to  the  holders  certificates  of  a  cor- 
responding grade. 

SCHOOLS. 

/State  Normal  School. 

• 

91.  There  shall  be  a  normal  school,  or  seminary,  for  Normal  school. 
the  training  and  education  of  teachers  in  the  art  of  in-  ' 
structing  and  governing  the  common  schools  of   this 

state,  the  object  of  which  normal  school  or  seminary 
shall  be  the  training  and  education  of  its  pupils  in  such 
branches  of  knowledge,  and  such  methods  of  teaching 
and  governing,  as  will  qualify  them  for  teachers  of  our 
common  schools. 

92.  To  the  said  board  of  trustees  shall  be  committed 

the  control  and  use  of  the  buildings  and  grounds  owned  [IS  Slc42.] 
and  used  by  the  state  for  the  use  of  the  normal  school, 
the  application  of  the  funds  for  the  support  thereof,  the 
appointment  of  teachers  and  the  power  of  removing  the 
same,  the  power  to  prescribe  the  studies  and  exercises 
of  the  school,  and  rules  for  its  management,  to  grant 
diplomas,  to  appoint  some  suitable  person  treasurer  of  Treasurer, 
the  board,  and  to  frame  and  modify,  at  pleasure,  such 
by-laws  as  they  may  deem  necessary  for  their  own  gov- 


32 


SCHOOL    LAW. 


Annual  report 


Repairs,  &c  ,  to 
normal  school. 
P    L.  1867, 
Chap 

CLXXIX,  I  2, 
div.  vi. 
P.  L.  1885, 
Chap.  CLXIV, 
$  i,  div.  3. 


Number  of 

pupils 

P.  L.  1867, 

Chap. 

CLXXIX,  \  55. 


Declaration  of 
appli  ants. 


Scholarship 

fund 

P.  L.  1872, 

Chap. 

DXXVIII,  ?  6. 


P.  L.  1885, 
Chap.  CLXIV, 

0  J- 

£  i,  div.  n. 


ernment ;  and  they  shall  report  annually  to  the  legis- 
lature their  own  doings  and  the  progress  and  condition 
of  the  school. 

93.  To  order  all  necessary  repairs  to  the  grounds, 
buildings  and  furniture  of  the  state  normal  school,  and 
to  keep  said  buildings  and  furniture  insured,  and  the 
comptroller  shall  draw  warrants  on  the  treasurer  of  the 
school  fund  for  the  payment  of  the  same,  upon  the  cer- 
tificate of  the  president  of  said  board. 

94.  The  number  of  pupils  shall  not  exceed  three  for 
each  member  of  the  senate  and  general  assembly,  and 
each  county  shall  be  entitled  to  fill  three  times  as  many 
seats  in  the  school  as  it  has  representatives  in  the  legis- 
lature ;  the  applicants  shall  give  on  admission  a  written 
declaration,  signed  with  their  own  hands,  that  their 
object  in  seeking  admission  to  the  school  is  to  qualify 
themselves  for  the  employment  of  public  school  teach- 
ers, and  that  it  is  their  intention  to  engage  in  that  em- 
ployment in  this  state  for  at  least  two  years. 

95.  The    applicants    for   admission   to   the    normal 
school   shall   give  on   admission  a  written  obligation, 
signed  by  their  own  hands,  that  their  object  in  seeking 
admission  to  the  school  is  to  qualify  themselves  for  the 
employment  of  public  school  teachers,  and  that  it  is 
their  intention  to  engage  in  that  employment  in  this 
state  for  at  least  two  years,  or  refund  to  the  state  the 
cost  of  their  tuition ;  and,  in  addition  to  the  annual  sum 
appropriated  to  the  support  of  the  normal  school,  there 
is  hereby  appropriated  annually  the  sum  of  five  thou- 
sand dollars,  to  be  paid  out  of  the  income  of  the  school 
fund  in  like  manner,  which  will   constitue  a  scholar- 
ship fund,  to  be  applied  as  follows :  there  shall  be  fifty 
scholarships  of  one  hundred  dollars  each,  two  of  which 
shall  be  allotted  to  each  county,  to  be  competed  for  by 
the  pupils  in  the  normal  school  from  that  county,  and 
the   remainder   shall  be  open  to  free  competition  by 
pupils  in  the  normal  school  from  the  state  at  large ;  the 
competitive   examinations   above    mentioned   shall   be 
conducted  by  the  principal  of  the  state  normal  school 


SCHOOL    LAW.  33 


and  his  assistants  ;    provided,  that  scholarships  shall  be  proviso. 

awarded  to  those  pupils  only  who  shall  first  enter  into 

a  satisfactory  bond  to  the  treasurer  of  the  state,  obligat- 

ing themselves  to  teach  in  the  public  schools  of  this 

state  for  the  term  of  five  consecutive  years,  or  to  refund 

the  amount  paid  them  upon  a  failure  to  do  so  from  any 

cause  save  continued  sickness  or  death  ;   provided,  that  Trustees  au- 

•         •ill*  1111  -IT         thorized  to  ex- 

until  such  system  of  scholarships  shall  be  perfected  by  pend  fund. 
the  board  of  trustees  of  the  state  normal  school,  said 


scholar's  life  fund  shall  be  paid  toward  and  for  such 
purposes  connected  with  the  state  normal  school  and 
boarding-house  property  belonging  to  the  state  as,  in 
the  judgment  of  said  trustees,  will  be  for  the  best  in- 
terest of  the  state  and  the  advantage  of  the  cause  of 
education. 

96.  At  the  opening  of  «ach  term  of  the  normal  school,  Pupils,  how 

,  .   ,     T  .  .  admitted. 

the  principal,  with  his  assistants,  shall  proceed  to  ex-  £^L.  18*7, 
amine  applicants,  and  to  admit  to  the  school  such  as  CLXXIX,  §  5e. 
appear  to  be  possessed  of  the  proper  qualification  to  the 
number  to  which  each  county  may  be  entitled. 

97.  In  case  any  county  is  not  fully  represented,  addi-  ^ncies-  how 
tional  candidates  may  be  admitted  from  other  counties,  Ibid-  §  5? 

on  sustaining  the  requisite  examination. 

98.  The  board  of  trustees  shall  appoint  and  procure  Teachers,  how 

.   .    _  appointed. 

the  number  of  teachers  which  may  be  necessary  to  carry  Ibid  2  58. 

out,  in  the  'best  and  highest  sense,  the  purposes  and 

designs  of  this  act,  and  shall  furnish  for  the  use  of  the 

pupils  the  necessary  apparatus  and  text-books,  so  far  as  £™^de  text> 

the  funds  hereafter  to  be  named  and  appropriated  for 

the  support  of  the  school  will  allow  ;  and  the  tuition  in 

the  normal  school  shall  be  gratuitous. 

99.  The  board  of  trustees  are  authorized  to  maintain  Model  school. 
a  model  school,  under  permanent  teachers,  in  which  the  [$*'M?B.] 
pupils  of  the  normal  school  shall  have  opportunity  to 
observe  and  practice  the  modes  of  instruction  and  disci- 

pline inculcated  in  the  normal  school,  and  in  which 
pupils  may  be  prepared  for  the  normal  school. 

100.  For  the  support  of  the  normal  school,  and  to  Appropriation. 

V    i       •  P-  L    l872» 

carry  out  the  purpose  and  designs  of  this  act,  there  is 
3 


34 


SCHOOL    LAW. 


Chap. 

CCCCLXXX- 
VIII,  §  i. 
P.  L.  1885, 
Chap.  CLXIV, 
g  i,  div.  i. 
School  year  for 
normal  school. 
P.  L.  1872, 
Cha 


ccccxci,gi.    of  June. 


appropriated  hereby  the  annual  sum  of  fifteen  thousand 
dollars,  to  be  paid  out  of  the  income  of  the  school  fund 
upon  the  warrant  of  the  comptroller. 

101.    The   school  year,  so   far   as   regards  the   state 
normal  school,  shall  hereafter  terminate  on  the  last  day 


Property  desig- 
nated and  uses 
prescribed. 
P.  L.  1882, 
Chap. 
CLXXXVII, 


Name  of  institu- 
tion. 

P.  L.  1884, 
Chap.  CHI,  \  2. 
Qualifications  of 
pupils. 
P.  L.  1882, 
Chap 

CLXXXVII, 
§6. 

Term  of  instruc- 
tion 

[See  sec.  106.] 
Proviso. 


Apportionment 
to  counties. 


Application  for 
admission. 
(See  sec.  3  ] 

Certificate  re- 
quired. 


Deaf-Mute  School. 

102.  The  property  lately  used  as  a  home  for  soldiers* 
children  shall  be  taken  and  set  apart  to  be  used  as  an 
institution  for  the  maintenance  and  instruction  by  the 
state  of  its  indigent  deaf  and  dumb. 

103.  The  name  and  title  of  the  institution  shall  here- 
after be  "  the  New  Jersey  school  for  deaf-mutes." 

104.  Indigent  deaf  and  dumb  persons  of  suitable  age 
and  capacity  for  instruction,  who  are  legal  residents  of 
this  state,  shall  be  entitled  to  the  privilege  of  the  school 
without  charge,  and  for  such  a  period  of  time  in  each 
individual  case  as  may  be  deemed   expedient  by  the 
board  of  trustees ;  provided,  that  whenever  more  persons 
apply  for  admission  at  one  time  than  can  be  properly 
accommodated  in  the  said  school,  the  trustees  shall  so 
apportion  the  number  received  that  each  county  may 
be  represented  in  the  ratio  of  its  deaf  and  dumb  popu- 
lation to  the  total  population  of  such  persons  in  the 
state ;  application  for  admission  into  the  said  school  shall 
be  made  to  the  board  of  trustees  in  such  manner  as  they 
may  direct,  but  the  board  shall  require  each  application 
to  be  accompanied  by  a  certificate  from  a  county  judge 
or  county  clerk  of  the  county,  or  the  chosen  freeholder, 
or  clerk  of  the  township,  or  the  mayor  of  the  city  where 
the  applicant  resides,  setting  forth  the  applicant  is  a 
legal  resident  of  the  town,  township  or  city,  county  and 
state,  claimed  as  his  or  her  residence,  and  the  age,  cir- 
cumstances and  capacity  of  such  pupil,  and  the  ability 
or  inability  of  the  parent  or  guardian  of  such  pupil  to- 
pay  any  part  of  the  expense  of  tuition,  care  and  main- 
tenance of  the  person  in  whose  behalf  such  application 


SCHOOL    LAW.  35 


may  be  made;  the  primary  object  of  the  school  shall  object  of  the 

be  to  furnish  to  the  indigent  deaf  and  dumb  children 

of    this    state    the     best     known     facilities    for    the 

enjoyment    of    such   a  share   of   the  benefits   of  the 

system   of    free   public    education   established  in   this 

state    as     their    afflicted     condition    will     admit    of; 

the    board   of   trustees   shall   have   charge   of  all  the  Trustees  to 

%  make  by-  laws 

affairs  of  the  school,  with  power  to  make  such  by-laws  and  regulations 

•»  with  approval  of 

and  regulations  for  the   government  and  the   proper  JjSJjJn*1* 

management  thereof,  as  well  as  for  the  admission  of 

pupils,   as   shall  be   approved  by  the   state   board  of 

education  ;  they  shall  elect  from  their  own  number  a  officers  of 

president,  treasurer  and  secretary,  together  with  such  SS?0 

standing   committees    as    they   may   deem   necessary;  committees. 

the  treasurer  shall  have  the  custody  of  all  the  funds  Duties  of  treas- 

of  the  said  school,  and  pay  out  the  same  only  on  proper  UI 

authenticated  orders  of  the  board,  or  its  executive  com- 

mittee ;  before  entering  upon  the  duties  of  his  office  he  T°  i>ve  b°nd 

shall  give  bond,  with  at  least  two  sureties,  to  be  ap- 

proved as  hereinafter  stated,  to  the  people  of  the  state 

of  New  Jersey,  in  the  penal  sum  of  ten  thousand  dol- 

lars conditioned  for  the  faithful  discharge  of  his  trust, 

which  bond  shall  be  approved  by  the  board  of  trustees  BY  whom  ap- 

of  this  state  [institution],  and  deposited  in  the  office  of  where  deposit- 

the  secretary  of  state  ;  the  board  of  trustees  shall  have  APPoi  tment  of 

power  to  appoint  a  competent  and  experienced  super-  andet!ad?ersnt 

intendent,  who  shall  be  the  chief  executive  officer  of 

the  school,  together  with  an  efficient  corps  of  teachers 

and  subordinate  officers,  prescribe  the  duties  and  terms  Terms  of  ser. 

*  vice  and  safa- 

of  service  of  the  same,  fix  and  pay  their  salaries,  and  ries 

I          •  11        r>    ii  IITI    May  be  removed 

for  just  cause  remove  any  or  all  of  them;  they  shall  by  trustees. 


likewise  employ  the  requisite  number  of  servants  and 

other  assistants  in  the  various  departments  of  the  school,  s 

and  pay  the  wages  of  the  same  ;  and  they  shall  purchase 

all  furniture,  school  books,  school  apparatus,  and  other  Purchase  of  far 

,.  ,,  ,  niture,  books 

supplies  necessary  to  the  equipment  and  carrying  on  and  supplies. 
of  the  same,  and  in  the  manner  hereinafter  described.  [' 

105.  The  trustees  of  said  institution  shall  receive  no 
compensation  for  their  service*  except  in  the  case  of 


36 


SCHOOL    LAW. 


Payment  of 
their  expenses. 

Treasurer  may 
be  paid. 

Who  may  be 
admitted. 
P.  L.  1884, 
Chap.  CIII,  3  i. 
[See  sec.  104.] 


Term  of  instruc- 
tion. 
Proviso. 


Proviso. 


Tuition  and 
maintenanc  e  of 
pupils  not  indi- 

?:nt. 
L.  1882, 
Chap. 

CLXXXVII, 
§9- 


Additions  and 
repairs  to  build- 
ings to  be  made 
by  contract. 
Ibid.  3  10. 


the  treasurer,  who  may  be  fairly  compensated  at  the 
discretion  of  the  board,  but  they  shall  be  paid  all 
necessary  expenses  incurred  by  them  in  the  discharge 
of  their  duties,  to  be  paid  by  the  treasurer  of  said  board 
of  trustees  on  the  order  of  the  governor. 

106.  Any   indigent   deaf-mute   of   suitable   capacity, 
who  shall  be  a  legal  resident  of  this  state,  and  who  shall 
be  not  less  than  eight  years  nor  more  than  twentyone 
years  of  age,  may  be  admitted  to  and  be  entitled  to  the 
benefits  of  the  institution,  subject  to  such  rules  and 
regulations  as  have  been  or  may  be  established  by  the 
board  of  trustees,  and  the  term  of  instruction  shall  be 
three  years ;  provided,  that  in  any  case  in  which  it  may 
seem  proper  in  the  judgment  of  the  trustees,  the  term 
may  be  by  them  extended  to  a  period  not  exceeding 
eight  years ;  and  provided,  further,  that  when  it  shall  be 
found,  in  the  judgment  of  the  trustees,  that  any  pupil 
now  in  the  institution,  or  hereafter  admitted,  shall  be, 
from  want  of  capacity,  or  other  cause,  not  capable  of 
receiving  the  benefits  designed  to  be  conferred  by  the 
law,  or  that  the  retention  of  any  pupil  is  or  may  be 
detrimental  to  the  interests  of  the  school,  the  said  trus- 
tees shall  have  power  to  shorten  the  term  of  or  to  dis- 
miss from  the  school  such  pupil  upon  reasonable  notice 
given  to  his  or  her  parents  or  guardians. 

107.  Whenever  the  board  of  trustees  shall  be  satisfied 
that  the  resources  of  any  person  applying  for  the  bene- 
fits of  this  act,  or  those  of  his  or  their  parents  or  guard- 
ians, are  sufficient  to  defray  a  part  of  the  expense  of 
instructing  and  maintaining  such  person,  but  not  suffi- 
cient to  defray  the  whole  expense,  then  the  board  of 
trustees  may  cause  to  be  .paid  such  proportion  as  to 
them  may  seem   just  and  equitable  of  the  annual  ex- 
pense of  educating  such  person. 

108.  All  improvements,  additions  and  repairs  to  the 
buildings  to  be  used  for  the  purposes  of    this  act, 
together  with  the  furnishing  of  the  same,  shall  be  by 
contract,  after  due  notice  is  given  and   specifications 
furnished ;    and  that  it  shall  be  the  duty  of  the  super- 


SCHOOL    LAW.  37 


intendent,  under  the  direction  of  the  board  of  trustees,  supplies  to  be 

'   contracted  for. 

to  invite  proposals  twice  in  each  year,  at  intervals  of 

six  months,  for  supplying  the  institution  with  dry  goods, 

wearing  apparel,  groceries,  provisions,  vegetables,  fuel, 

illuminating  material,  and  all  other  articles  the  necessity 

of  which  it  is  practicable  to  determine  as  being  needed 

for  the  ensuing  six  months,  the  standard  of  quality  of 

which  shall  be  determined  by  the  board,  and  standard 

sample  grades  of  non-perishable  articles  shall  be  kept  in 

the  office  of  the  superintendent,  for  the  inspection  of 

bidders  ;  the  inviting  of  proposals  shall  be  advertised  £v°?e0dsbls  a°d?e 

ten  consecutive  days  in  two  daily  newspapers  published  vertisement 

in  the  city  of  Trenton,  and  which  advertisement  shall 

classify  the  articles  which  shall  be  grouped  in  each  bid, 

and  also  state,  as  near  as  practicable,  the  amount  and 

quantity  needed,  and  that  said  goods  are  to  be  delivered 

during  the  ensuing  six  months,  as  wanted,  on  the  order 

of  the  superintendent;  and  it  shall  be  the  duty  of  the  Bonds  to  be 

given  by  con- 

board  to  award  the  contract  to  the  lowest  average  bidder  tr-cto«. 
on  each  class  or  group  of  articles  advertised  for,  and  to 
require  the  contractors  to  enter  into  suitable  bonds  for 
the  faithful  performance  of  the  same  ;  it  is  further  pro-  Trustees  may 

/  f          reject  all  bids. 

vided  that  the  board  of  trustees  reserve  the  right  to 
reject  any  or  all  bids  not  considered  to  be  to  the  interest 
of  the  state. 

109.  It  shall  be  the  duty  of  the  trustees  of  the  New  Trustees  to  make 

.  quarterly  report 

Jersey   school   for    deaf-mutes   to    submit  a  quarterly 


report  to  the  governor  of  the  state  showing  the  number  cc 
of  pupils  taught  and  maintained  in  the  school  in  each'*1- 
quarter,  and  upon  the  approval  of  the  said  report  by 
the  governor,  there  shall  be  paid  to  the  said  trustees,  for 
such  expenses,  the  sum  or  sums  required  to  defray  the  Appropriation. 
expenses  of  teaching,  maintaining  and  clothing  the  said 
pupils  for  the  said  quarter  ;  provided,  the  said  sum  shall  Proviso. 
not  exceed  for  any  three  months  the  sum  of  seventy-six 
dollars  for  each  pupil  taught,  maintained  and  clothed 
within  the  said  period,  the  same  to  be  paid  by  the  state 
treasurer,  out  of  the  income  of  the  school  fund,  upon 
the  warrant  of  the  comptroller. 


38 


SCHOOL    LAW. 


Graded  schools, 
how  established. 
P.  L.  1867, 
Chap. 
CLXXIX,|6i. 


Graded  Schools. 

110.  Any  two  or  more  districts,  by  a  majority  vote 
of  the  inhabitants  at  a  meeting  regularly  called  or  adver- 
tised by  the  county  superintendent,  or  superintendents 
of  the  county  or  counties  in  which  said  districts  are 
situated,  may  cause  to  be  established  and  maintained  a 
graded  school,  which  shall  be  entitled,  according  to  the 
number  of  children  in  attendance,  to  its  proper  share  of 
the  state  appropriation  and  of  the  township  school  taxes 
belonging  to  the  districts  which  have  caused  said  graded 
school  to  be  erected ;  and  a  school  thus  established  shall 
be  governed  by  a  joint  board,  combined  of  the  trustees 
of  the  combining  districts,  and  subject  to  such  regula- 
tions as  they  may  prescribe. 


Suitable  school 
buildings 
required . 
Ibid.  §  62. 
[See  sec.  41.] 


Penalty. 


School  houses  to 
be  provided  with 
fire  escapes 
P.  L.  1889, 
Chap 
CCLXXXVII. 


[See  \  41.] 


District  Schools. 

111.  The  inhabitants  of  every  school  district  shall  be 
required  to  provide  a  suitable  school  building  and  out- 
houses for  the  accommodation  of  their  children ;  and 
in  case  such  buildings  are  not  provided,  or  those  already 
in  use  shall  be  pronounced  by  the  county  superintend- 
ent unfit  for  the  purposes  for  which  they  are  applied, 
such  district  shall  be  deprived  of  the  benefit  of  that  part 
of  the  state  appropriation  derived  from  the  revenues  of 
the  state  until  suitable  buildings  shall  be  erected. 

112.  Every  building  now  or  hereafter  used  in  whole 
or  in  part  as  a   school  house   shall  be  provided  with 
proper  ways  of  egress  or  other  means  of  escape  from 
fire  sufficient  for  the  use  of  all  persons  assembling  in 
such  building,  and  such  ways  of  egress  and  means  of 
escape  shall  be  kept  free  from  obstruction,  in   good 
repair  and  ready  for  use ;  all  doors  in  any  building  sub- 
ject to  the  provisions  of  this  section  shall  open  outwardly, 
if  the  inspector  or  one  of  his  deputies  shall  so  direct  in 
writing;  no  portable  seats  shall  be  allowed  in  the  aisles 
or  passageways  of  such  building  during  any  service  or 
entertainment  held  therein. 


SCHOOL    LAW.  39 


113.  A  copy  of  this  act  shall  be  kept  posted  in  a  con    copyof  iawto 

**  i  be  P°sted- 

spicuous  place  in  every  such  building  by  the  person  iwaj?. 
occupying  the  premises. 

114.  Every  story  above  the  second  story  of  a  building  f;sre  extin§uish 
subject  to  the  provisions  of  section  one  of  this  act  shall  Ibid'§7- 

be  supplied  with  means  of  extinguishing  fire,  consisting  [seesec.  n2.j 
either  of  pails  of  water  or  other  portable  apparatus,  or 
of  a  hose  attached  to  a  suitable  water  supply,  and  cap- 
able of  reaching  any  part  of  such  story ;  and  such  means 
of  extinguishing  fire  shall  be  kept  at  all  times  ready  for 
use  and  in  good  condition. 

115.  All  buildings  now  or  hereafter  erected  in  which  Sdingspes 
twenty  or  more  persons  live  or  congregate  or  are  em-  chap/Lxin, 
ployed,  temporarily  or   otherwise,  above   the   first  or  * 
ground  floor  thereof,  shall  have  one  or  more,  as  the 
proper  authority  shall  direct,  external  wrought-iron  fire 
escapes,  of  such  dimensions  and  character  and  subject 

to  such  regulation  and  construction  as  the  said  proper 
authority  shall  designate. 

116.  In  all  incorporated  municipalities  the  board  of 
aldermen,  city  council  or  borough  commissioners  shall  T1 
provide  for  the  enforcement  of  the  provisions  of  this  act 
by  ordinance. 

1 17.  In  all  sections  outside  of  incorporated  municipal-  >Vho  to  enforce 

*  ___  *  in  townships. 

ities,  township  committees  shall  have  power  to  enforce  Ibid  2  3- 
the  provisions  of  this  act.  * 

118.  No  school  district  shall  be  entitled  to  receive  any  Time  schools 

..          1.1-11  i         must  be  main- 

part  of  the  school  appropriation  which  shall  not  have  ^       See 

maintained  a  public  school  for  at  least  nine  months  dur-  *-1 

£  Cha 

ing  the  then  next  preceding  school  year;  provided,  that 
any  new  district,  or  a  district  in  which  the  school  is  dis- 
continued on  account  of  the  repairing  of  an  old  or  the 
erection  of  a  new  school  building,  shall  not  be  deprived 
of  its  full  share  of  the  public  school  funds  on  account  of 
the  restrictions  of  this  section. 

119.  Not  more  than  twenty  dollars  annually  of  the 
school  moneys  received  by  any  school  district,  except 
such  as  may  be  raised  within  the  district,  shall  be  used  §I 

•*  [See  sec.  168.] 

for  any  other  purpose  than  the  payment  of  teachers'  sal- 


40 


SCHOOL    LAW. 


Proviso. 


Proviso. 


Power  of  school 

districts  to  bor- 

row  money  to 

pay  teachers' 

splaLiei886 
chap.  LXXII, 


Power  of  with- 

holding  sxhool 

money.  [See 

sees.  14,  22  and 


[See  sec.  n9  ] 


Proviso 


aries  and  fuel  bills  ;  provided,  however,  that  where  there 
has  been  apportioned  to  any  district  more  than  three 
hundred  and  fifty  dollars,  and  such  district,  by  such  ap- 
portionment, shall  receive  from  the  state  appropriation 
state  school  tax  and  interest  of  surplus  revenue,  a  sum 
exceeding  five  dollars  for  each  child  in  such  district,  ac- 
cording to  the  last  published  school  census,  it  shall  be 
lawful  for  the  trustees  of  such  district  to  use  such  excess 
for  the  improvement  of  the  school  house  and  grounds, 
the  purchase  of  school  furniture  or  apparatus,  or  for  any 
other  purpose  connected  with  the  school  or  schools  under 
their  charge  ;  provided,  that  the  written  consent  of  the 
county  superintendent  of  the  county  in  which  such  dis- 
trict is  situated  shall  be  first  obtained. 

120.  Any  school  district  may,  after  the  first  day  of 

J  ,      J  ' 

September  and  before  the  thirty-first  day  of  December, 
ln  anv  year>  borrow  a  sum  not  exceeding  four-tenths  of 
the  amount  apportioned  to  such  district  from  the  state 
Tschool  moneys  for  such  year,  for  the  purpose  of  paying 
teachers'  salaries  falling  due  within  said  year  ;  and  that 
the  said  district  may  pay  the  amount  so  borrowed, 
together  with  interest  thereon  at  a  rate  not  exceeding 
six  per  centum  per  annum,  out  of  the  state  school 
moneys  apportioned  to  said  district  for  the  then  current 
school  year,  as  soon  as  the  same  shall  have  been  received 
by  the  township  collector  of  the  township  in  which  said 
district  is  situated. 

121.  In  case  any  school  district  or  city  shall  use  any  of 

J  .  J  J 

the  school  money  apportioned  to  it  for  any  other  than 
public  school  purposes,  as  these  purposes  are  defined 
and  limited  in  the  ninety-first  section  of  this  act,  such 
district  or  city  shall  forfeit  out.of  the  next  annual  appor- 
tionment a  sum  equal  to  twice  the  amount  thus  used  ; 
and  it  shall  be  the  duty  of  the  county  superintendent  to 
re-apportion  the  money  thus  forfeited  among  the  other 
districts  and  cities  of  his  county;  provided,  the  state 
superintendent  may  remit  such  penalty  for  cause. 


SCHOOL    LAW.  41 


WHEREAS,  Certain  school  districts  in  this  state  are  sub-  Preamble. 
ject  to  the  provisions  of  special  or  local  laws  applica- 
ble to  such  districts,  and  it  is  deemed  desirable  that  P.  L.  isse, 
such  districts  should  be  governed  solely  by  the  pro- 
visions of  the  general  school  law  of  this  state  ;  there- 
fore, 

122.  Any  such  district  may  be  relieved  from  the  pro-  Districts  having 

.    .  -,  .  local  laws  may 

visions  and  limitations  of  such  special  or  local  laws  upon  adopt  the  gen- 
the  adoption  of  the  provisions  of  this  act  by  the  legal  i^id  \  i. 
voters  of  said  district  at  any  meeting  of  such  voters 
called  for  the  purpose,  as  hereinafter  provided. 

123.  Whenever  the  trustees  of  any  such  district  shall  special  meetings 

to  vote  on  ques- 

by  resolution  decide  to  submit  the  question  of  the  adop-  tionsofaban- 

*       donmg  special 


tion  of  this  act  to  the  voters  of  the  district,  they  shall 
call  a  meeting  for  that  purpose,  giving  notice  of  the 
time,  place  and  object  of  said  meeting,  in  the  manner 
provided  for  the  calling  of  school  meetings  by  the 
eighty-sixth  section  of  the  "Act  to  establish  a  system  [see  sec.  i69.] 
of  public  instruction  "  [Revision],  approved  March 
twenty-seventh,  one  thousand  eight  hundred  and  sev- 
enty-four, and  if  at  any  such  meeting  a  majority  of  the 
legal  voters  present  shall  vote  to  adopt  the  provisions 
of  this  act,  thereafter  said  district  shall  be  governed 
solely  by  the  general  school  laws  of  this  state  applicable 
thereto,  instead  of  the  special  act,  and  the  said  trustees 
shall  forthwith  file  a  certificate  with  the  county  school 
superintendent,  setting  forth  the  determination  of  such 
meeting. 

124.  In  case  of  the  adoption  of  this  act  by  any  dis-  obligations  of 

.  .  districts  not 

tnct,  the  said  district  shall  retain  all  its  property,  real  J^dnsed- 
and  personal,  and  be  subject  to  any  lawful  obligations 
it  may  have  incurred,  in  the  same  manner  and  to  the 
same  extent  as  if  the  provisions  of  this  act  had  not  been 
adopted. 

125.  The  school  year  shall  begin  on  the  first  day  of  |chL0lJ6ear 
September  and  end  on  the  last  day  of  August.  OLXXIX  g  64 


42 


SCHOOL    LAW. 


Trustees  of 
school  fund. 
Ibid  §65. 


Religious  ser- 
vices in  school. 


School  fund, 
how  constituted, 
Ibid,  g  66. 


Money  derived 
from  sale  of 
riparian  lands. 
P.  L.  1890. 
Chap.  LVI,  j;  i, 


REVENUE  AND  APPORTIONMENT. 

State  School  Fund. 

126.  The  governor  of  this  state,  the  president  of  the 
senate,  the  speaker  of  the  house  of  assembly,  the  attor- 
ney-general, the  secretary  of  state,  and  the  comptroller, 
and  their  successors  in  office,  be  and  they  are  hereby 
constituted  and  appointed  trustees  of  the  fund  for  the 
support  of  public   schools  in  this  state,  arising  either 
from  appropriations   heretofore   made,  or  which  may 
hereafter  be  made  by  law,  or  which  may  arise  from  the 
gift,  grant,  bequest  or  devise  of  any  person  or  persons 
whatsoever,  which  trustees  shall  be  known  by  the  name, 
style  and  title  of  "  The  Trustees  for  the  Support  of  Pub- 
lic Schools ;"  provided,  that  it  shall  not  be  lawful  for  any 
teacher,  trustee  or  trustees  to  introduce  into  or  have 
performed  in  any  school  receiving  its  proportion  of  the 
public  money,  any  religious  service,  ceremony  or  forms 
whatsoever,  except  reading  the  Bible  and  repeating  the 
Lord's  Prayer. 

127.  The  public  stocks  and  moneys  heretofore  appro- 
priated by  law  shall  constitute  the  funds  in  the  hands 
of  the  trustees  appointed  by  the  foregoing  section  of. 
this  act,  and  shall  be  held  by  the  said  trustees  in  trust, 
the   interest    and   dividends  arising  therefrom   to   be 
applied  by  the  said  trustees,  or  a  majority  of  them,  for 
the  support  of  public  schools  in  this  state,  in  the  mode 
now  prescribed  or  hereafter  to  be  prescribed  by  any  act 
or  acts  of  the  legislature,  and  for  no  other  use  or  pur- 
pose whatsoever. 

128.  All  moneys  hereafter  paid  into  the  state  treasury 
as  the  proceeds  of  eales,  grants  or  leases,  made  after  the 
approval  or  passage  of  this  act,  of  lands  under  water 
belonging  to  the  state,  shall  be  deemed  a  part  of  the 
current  revenue  of  the  state,  and  shall  be  applied  to  and 
used  for  the  payment  of  the  necessary  expenses  of  the 
state  and  for  the  payment  of  such  general  or  special 
appropriations  as  may  now  or  hereafter  be  authorized  by 


SCHOOL    LAW.  43 


law  to  be  paid  from  the  state  fund ;  provided,  that  nothing  Proviso 
in  this  act  shall  be  construed  as  transferring  from  the 
school  fund  of  the  state  any  right,  title  or  interest  in 
any  securities  or  property  now  a  part  of  the  assets  of 
that  fund,  or  as  in  any  way  impairing  the  right  of  the 
school  fund  to  the  proceeds  or  income  derived  from  any 
securities  or  property  now  belonging  to  said  school  fund. 
129.  There  shall  be  annually  appropriated  from  the 
income  or  revenue  of  the  fund  for  the  support  of  public 
free  schools  of  this  state,  so  much  of  the  said  income  or  ^ap  CLXIV- 
revenue  as  shall  be  required  to  meet  the  following 
named  disbursements,  to  wit : 

I.  The  sum  of  fifteen  thousand  dollars  for  the  support  g^**"0"11*1 
of  the  state  normal  school. 

II.  The  sum  of  five  thousand  dollars  for  a  scholarship  scholarship  fund 
fund  or  other  purposes. 

III.  The  sum  required  to  be  paid  for  the  necessary 
repairs  to  the  grounds,  buildings  and  furniture  of  the 
state  normal  school,  and  for  keeping  the  said  buildings 
and  furniture  insured,  and  for  the  payment  of  the  neces- 
sary incidental  expenses  of  the  state  superintendent  of  ^ 
public  instruction. 

IV.  The  sum  required  to  pay  the  expenses  of  the  Expenses  of 

-1  *     ^  state  board  of 

members  of  the  state  board  of  education.  education. 

Y.  The  sum  required  to  pay  the  salary  of  the  state 
superintendent  of  public  instruction. 

VI.  The   sum    required   to   defray  the   expenses  of  JS 
teachers'  institutes. 

VII.  The  sum  required  to  pay  the  appropriations  for  school  libraries 
free  public  school  libraries. 

VIII.  The  sum  required  to  pay  the  salary  of  the  as-  ^jf^01^ 
sistants  in  the  office  of  the  state  superintendent  of  public  pn^n^mce 
instruction.  chap.cxcm. 

IX.  The  sum   required  to  pay  the  appropriation  for  Famum  school 
the   support  of   the   Farnum    Preparatory   School   at 
Beverly. 

X.  The  sum  required  to  pay  the  amount  to  be  con-  Technical 

r    •  schools. 

tributed  by  the  state  to  any  technical  schools  now  estab- 
lished or  hereafter  to  be  established  in  this  state. 


44 


SCHOOL    LAW. 


Costs  of  fore- 
closure. 


School  fund 
expenses. 


Payment  by 
comptroller. 
Ibid.  §2. 


Principal  of 
fund  not  to  be 
expended. 


Annual  appro- 
priations to 
schools. 


Payments  to  be 
paid  by  state  in 
certain  cases. 
Ibid,  g  3. 


Money  derived 

from  leases 

added  to  school 

fund 

P.  L   1872, 

Chap. 

CCCCXXXIV, 


[See  sec.  128.] 


XI.  The  sum  required  to  pay  the  taxed  costs  attend- 
ing foreclosure  proceedings  in  the  case  of  lands  or  prem- 
ises bought  by  the  trustees  for  the  support  of  public 
schools. 

XII.  The  sum  required  to  defray  such  legal  and  other 
expenses  as  may  be  incurred  by  or  under  the  direction 
of  the  trustees  for  the  support  of  public  schools  in  the 
investment  and  protection  of  the  school  fund,  and  in  the 
collection  of  the  income  thereof. 

130.  The  comptroller  is  hereby  directed  to  draw  his 
warrants  upon  the  treasurer  of  the  school  fund  for  the 
above-mentioned  appropriations  and  expenditures  when 
they  shall  severally  become  due  and  payable,  and  the 
said  treasurer  is  directed  to  pay  the  same  out  of  any 
moneys  now  in  his  hands  or  which  may  come  to  his 
hands  as  income  or  revenue  from  the  investments  of  the 
school  fund,  from  rentals  or  leases  of  lands  under  water, 
or  from  grants  of  lands  under  water ;  provided,  that  noth- 
ing in  this  act  shall  be  construed  to  authorize  the  ex- 
penditure of  any  portion  of  the  principal  of  the  said 
school  fund ;  and  provided  further,  that  nothing  in  this 
act  shall  be  so  construed  as  to  prevent,  hinder  or  in  any 
way  interfere  with  the  payment  of  the  annual  appropria- 
tion of  one  hundred  thousand  dollars  toward  the  sup- 
port of  public  schools  out  of  the  income  of  the  said  fund 
as  now  provided  by  law. 

131.  If  at  any  time  the  payments  hereby  authorized 
to  be  made  from  the  income  of  the  school  fund  shall  be- 
come due  and  payable,  the  said  income  shall  not  have 
been  collected  to  a  sufficient  amount  to  meet  the  re- 
quired payments,  the  necessary  sum  shall  be  drawn  from 
the  state  treasury  upon  the  warrant  of  the  comptroller. 

132.  All  leases  which  shall  hereafter  be  made  of  lands 
belonging  to  the  state,  now  or  formerly  lying  under 
water,  or  which  have  been  made  since  the  sixth  day  of 
April,  eighteen  hundred  and  seventy-one,  shall  be  trans- 
ferred to  the  trustees  of  the  school  fund  of  this  state,  and 
become  a  portion  of  the  free  school  fund ;  and  the  an- 
nual income  arising  from  said  leases  shall  be  distributed 


SCHOOL  LAW.  45 


by  the  said  trustees  for  the  support  of  free  public  schools, 
in  the  same  manner  that  other  moneys  are  now  distrib- 
uted for  that  purpose. 

133.  The  fund  above  mentioned,  together  with  all  the 
moneys  which  shall  be  received  by  the  treasurer  in  pay-  oJp'/cxix, 
ment  of  the  principal  or  interest  of  the  bank  or  turn-  § 
pike  stock  belonging  to  the  fund  for  the  support  of  free 
schools,  all  the  taxes  which  may  hereafter  be  received 
into  the  treasury  from  any  of  the  banking  and  insur- 
ance companies  in  this  state,  the  capital  stock  of  which 
now  is,  or  may  hereafter  be  liable  by  law  to  be  taxed, 
all  appropriations  to  said  fund  made  or  to  be  made  by 
any  law  of  this  state,  and  the  amount  of  all  gifts,  grants, 
bequests  or  devises  hereafter  made  by  any  person  or 
persons  to  the  said  trustees,  for  the  purpose  contem- 
plated by  this  act,  shall  be  invested  by  the  treasurer  of 
this  state,  under  the  direction  of  said  trustees,  or  a 
majority  of  them,  in  the  bonds  of  the  United  States, 
or  of  New  Jersey,  or  in  the  bonds  of  any  county, 
city,  town  or  township  of  this  state,  in  any  case  where 
the  total  indebtedness  of  such  county,  city,  town  or 
township  does  not  exceed  in  the  aggregate  fifteen  per 
centum  of  the  total  assessable  valuation  of  all  taxable 
property  within  such  county,  city,  town  or  township, 
the  interest  thereof  to  be  applied  to  the  support  of  the 
public  schools  in  the  mode  which  now  is,  or  may  here- 
after be,  directed  by  law,  and  to  no  other  use  or  purpose 
whatsoever ;  an  account  of  the  management  of  the  said  Report  to  Leg 
fund  shall  be  laid  before  the  legislature  with  the  annual 
statement  of  the  treasurer's  account ;  and  no  compensa-  compensation. 
tion  shall  be  made  to  said  trustees  or  treasurer  for  any 
service  performed  in  pursuance  of  the  direction  of  this 
act ;  and  all  investments  of  money  and  property  belong- 
ing to  said  fund  now  held  or  existing  in  the  name  of 
"The  Trustees  for  the  Support  of  Free  Schools,"  are 
hereby  and  shall  hereafter  be  vested  in  and  held,  and 
any  proceeding  or  action  whatever  relative  thereto 
may  be  taken,  had,  made  and  maintained  by  said  trus- 


46 


SCHOOL    LAW. 


School  fund  may 
be  invested  in 
U.  S. and 
municipal  bonds. 
P.  L.  1878,   ' 
Chap.  CIII,  §  69. 


State  school  fund 
not  to  be  loaned 
on  mortgage. 
P.  L.  1883, 
Chap.  XCIV, 


Trustees  of 
school  fund  may 
purchase  land  at 
foreclosure  sale. 
P.  L.  1875, 
Chap. 
CCCLXXXIII, 


Proviso. 


P.  L.  1885, 
Chap.  CLXIV 
§  i,  div.  xi. 

Real  estate  be- 
longing to  the 
fund  to  be  sold. 
P.  L.  i88s, 
Chap.  XCIV, 


tees,  in  the  name  of  the  trustees  for  the  support  of 
public  schools. 

134.  Whenever,  in  the  judgment  of  the  trustees  for 
the  support  of  free  schools  of  this  state,  or  a  majority  of 
them,  it  shall  not  be  deemed  advisable  or  for  the  best 
interests  of  the  school  fund  to  invest  the  income  of  the 
said  fund  in  bonds  secured  by  mortgage  on  land,  they 
shall  have  the  power  to  invest  the  said  income,  or  any 
portion  thereof,  in  the  bonds  of  the  United  States  and 
of  this  state,  and  of  the  several  counties,  townships, 
boroughs  and  cities  of  the  same. 

135.  From  and  after  the  passage  of  this  act,  it  shall 
not  be  lawful  for  the  trustees  of  the  school  fund  to  invest 
any  part  of  the  principal  or  interest  of  said  fund  in  bonds 
secured  by  mortgage  on  lands  in  this  state,  except  in 
such  cases  as  hereinafter  provided. 

136.  The  "  trustees  for  the  support  of  public  schools  " 
be  and  they  are  hereby  authorized  and  empowered  to 
bid  for  and  purchase  any  lands  and  premises  exposed 
to  sale  under  the  order  and  decree  of  any  court,  for  the 
payment  and  satisfaction  of  any  mortgage  encumbrance 
thereon  held  by  the  said  trustees,  .and  to  take  and  hold 
the  title  to  the  lands  and  premises  so  purchased  in  and 
by  their  official  name,  style  and  title,  and  as  part  of  the 
assets  of  the  school  fund  of  New  Jersey ;  provided,  that 
said  trustees  shall  not  bid  a  higher  price  for  such  lands 
and  premises  than  shall  be  sufficient  to  save  the  amount 
due  upon  their  said  mortgage  encumbrance  and  costs, 
the  taxed  costs  attending  such  proceedings  and  sale,  if 
any,  to  be  paid  by  the  treasurer  of  this  state,  on  warrant 
of  the  comptroller,  out  of  the  income  of  the  school  fund. 

137.  All  real  estate  now  held  by  the  trustees  of  the 
school  fund  shall  be  sold,  either  at  private  or  public  sale, 
at  such  times  and  at  such  prices  as  will,  in  their  judg- 
ment, be  for  the  best  interests  of  the  state ;  and  the  said 
trustees  are  hereby  authorized  to  loan  to  the  purchaser 
of  said  property,  or  other  properties  which  may  come 
into  their  possession  by  foreclosure,  one-half  the  amount 
of  purchase  money,  the  same  to  be  secured  by  bond  and 


SCHOOL  LAW.  47 


mortgage  on  the  premises  so  purchased,  and  that  they 
shall  be  empowered  to  advertise  such  properties,  either 
at  private  or  public  sale,  in  such  manner  as  to  them 
seems  judicious ;  and  the  proceeds  arising  from  such 
sales  shall  be  paid  into  the  fund  and  be  invested  by  the 
trustees  as  provided  for  by  existing  laws. 

138.  In  case  the  trustees  of  the  school  fund  shall  fur-         une 
ther  acquire  real  estate  under  foreclosure  proceedings,  {£}flosur* to  be 
that  the  same  shall  be  disposed  of  at  public  or  private  ^ 

sale,  in  the  manner  provided  by  section  two  of  this  act, 
and  the  proceeds  arising  from  such  sales  shall  be  invested 
as  hereinbefore  directed. 

139.  The  trustees  are  hereby  directed  and  required  to  Foreclosure  pro- 

J  ceedings  to  be 

cause  foreclosure  proceedings  to  be  commenced  without  begun  when  in- 
terest is  in  ar- 

delay,  in  all  cases  where  the  interest  on  bonds,  secured  5**™  *l*  months 

by  mortgage,  is  or  may  become  due  and  remain  unpaid 

for  the  space  of  six  months ;  provided,  that  in  case  fore-  Proviso. 

closure  proceedings  shall  have  been  commenced,  the  said 

trustees  may,  in  their  discretion,  discontinue  the  same 

upon  the  payment  of  accrued  interest  and  the  cost  of 

such  proceedings.* 

140.  The  treasurer  of  this  state,  under  the  direction  of  Loans  for  buna- 

ing  schoolhouses. 

"The  Trustees  for  the  Support  of  Public  Schools,"  is  £h£.x|&LIf 
authorized  to  invest  the  fund  for  the  support  of  public  §I- 
schools  in  this  state,  in  addition  to  the  securities  men- 
tioned in  section  sixty-nine  of  this  act,  in  the  bonds  of  [See  sec.  i33.] 
the  several  school  districts  of  this  state,  and  in  the  bonds 
of  any  city  or  municipality  of  this  state,  legally  issued, 
for  the  purpose  of  building  school    houses,  either  by 
authority  of  special  acts  of  the  legislature,  or  by  the 
consent  of  the  inhabitants  of  the  district,  as  hereafter 
herein  provided  for. 

141.  The  treasurer  of  this  state,  under  the  direction  Rate  of  interest 
of  the  "  trustees  for  the  support  of  public  schools,"  is  slhooi  <Ltrkt. 
authorized  to  invest  the  fund  for  the  support  of  the  chap.  XLV,  ^ 
public  schools  of  this  state  in  the  bonds  of  the  several 

school  districts  legally  issued  for  the  purpose  of  build- 

*  Money  belonging  to  the  state  is  not  liable  to  taxation.     Trustees  of  the  School  Fund 
v.  Trenton,  3  Stewart,  618-667. 


48 


SCHOOL    LAW. 


chaLP 
CLx 


867' 
xix,<68 


secretary. 

Ibid.  \  69. 


°f 


pchL0li878 
chap,  xxxv, 


?rovidedcforhow 


Payment  of  ap. 

propnation  to 

phL0liS867 


ci 


xix 


5 


ing  school  houses,  at  a  rate  of  interest  not  less  than  five 
per  centum  per  annum,  payable  half  yearly. 

142'  The  treasurer  of  this  state  shall  annually  make 
an(*  furnish  to  the  board  of  trustees  for  the  support  of 
pakiic  schools,  on  the  first  day  of  the  stated  annual 
meeting  of  the  legislature,  and  at  such  other  times  as 
the  majority  of  the  said  trustees  shall  recpiire  the  same, 
a  particular  statement  of  the  school  fund,  containing  an 
account  of  the  securities  belonging  to  said  fund,  with 
the  dates  of  investment,  their  value,  and  the  interest 
arising  from  each  denomination  of  securities,  together 
with  an  account  of  the  moneys  in  the  treasury  belong- 
ing to  said  fund. 

143.  The  secretary  of  state  is  hereby  constituted  and 
appointed  secretary  of  the  said  board  of  trustees,  whose 
duty  it  shall  be  to  record,  in  a  book  to  be  kept  for  that 
purpose,  the  proceedings  of  the  said  board,  and  the 
accounts  to  be  furnished  by  the  treasurer  as  hereinbefore 
stated. 

-  It  shall  be  the  duty  of  the  trustees  of  the  school 
this  state,  on  or  before  the  first  Monday  of  April 
Of  every  year,  to  appropriate  out  of  the  annual  income 
of  the  fund  for  the  support  of  public  schools  the  sum  of 
one  hundred  thousand  dollars  ;  and  if  the  annual  in- 
come of  said  fund  shall  not  have  been  received  in  full, 
or  shall  be  insufficient  for  that  purpose,  then  the  said 
trustees  are  hereby  authorized  and  empowered  to  draw 
for  any  sum  necessary  to  make  up  the  deficiency,  by 
warrant,  signed  by  the  comptroller,  upon  the  treasurer 
of  the  state,  who  is  directed  to  pay  the  same  ;  which 
sum,  so  drawn  from  the  treasury  aforesaid,  shall  be  re- 
placed from  the  annual  income  of  said  school  fund  so 
soon  as  the  same  shall  be  received. 

145.  The  trustees  of  the  school  fund  of  this  state  shall 
kave  authority  to  divide  the  aforesaid  sum  of  one  hun- 
dred  thousand  dollars  into  two  or  more  annual  install- 
ments, which  shall  be  paid  by  the  state  treasurer  to  the 
several  county  collectors  on  the  warrants  of  the  state 
comptroller. 


SCHOOL    LAW.  49 


146.  For  the  purpose  of  defraying  the  expenses  of  Jnesat^etress' 
teachers'  institutes  and  procuring  teachers  and  lecturers 
for  said  institutes  and  other  necessary  expenses  of  the 
same,  there  may  be  paid  annually  to  the  state  superin- 
tendent of  public  instruction,  out  of  the  income  of  the 
school  fund,  upon  the  warrant  of  the  comptroller  upon 
itemized  accounts  rendered  to  him  by  the  state  superin- 
tendent of  public  instruction  of  the  expenses  incurred, 
a  sum  not  exceeding  one  hundred  dollars  to  one  teachers' 
institute  in  any  county ;  and  where  two  or  more  counties  umon  institute. 
join  in  holding  a  union  institute  there  may  be  paid  a 
sum  not  exceeding  one  hundred  dollars  for  each  county 
joining  in  such  union  institute. 


TAXATION. 

State  School  Tax. 

147.  For  the  purpose  of  maintaining  free  public  schools  state  tax  im- 
there  shall  be  assessed,  levied  and  collected  annually 

upon  the  taxable  real  and  personal  property  in  this  state, 
as  exhibited  by  the  latest  abstract  of  ratables  from  the 
several  counties,  made  out  by  the  several  boards  of 
assessors  and  filed  in  the  office  of  the  comptroller  of  the 
treasury,  a  state  school  tax  equal  to  five  dollars  for  each 
child  in  this  state  between  the  ages  of  five  and  eighteen 
years,  as  exhibited  by  the  next  preceding  school  census, 
which  tax  shall  be  assessed,  levied  and  collected  at  the 
same  time  and  in  the  same  manner  in  which  other  taxes 
are  assessed,  levied  and  collected;  but  if  the  moneys 
received  by  the  school  districts  in  any  township  from 
the  tax  imposed  by  this  section  shall  not  be  sufficient  to 
maintain  free  schools  for  at  least  nine  months  in  each  school  nine 
year,  then  the  inhabitants  thereof  may  raise  by  town-  [Seesec.  us.] 
ship  tax  such  additional  amount  as  they  may  need  for  SS*tS 
that  purpose  in  the  same  manner  as  such  taxes  have 
heretofore  been  raised. 

148.  It  shall  be  the  duty  of  the  comptroller  aforesaid  Comptroller 

•  *  shall  apportion 

to  apportion  the  said  tax  among  the  several  counties,  in 
4 


50  SCHOOL    LAW. 


ch^p.cvi, 3 3.   proportion  to  the  amount  of  taxable  real  and  persona! 
estate  of  said  counties   respectively,  as  shown  by  the 
ratables  respectively  as  aforesaid,  and  it  shall  be  his 
Transmit  state-    further  duty  to  transmit,  on  or  before  the  first  day  of 
April  of  each  year,  to  the  county  collector  of  each  county, 
gee  P.  L.  1866,  a  statement  of  the  amount  of  said  tax  apportioned  to 
CCCCLXXX-    and  payable  by  said  county,  and  said  county  collector 
shall  lay  said  statement  before  the  board  of  assessors  of 
the  townships  and  wards  within  his  county  at  their  next 
annual  meeting,  to  apportion  the  taxes  among  said  town- 
Duties  of  as-       ships  and  wards,  and  said  assessors  shall  thereupon  pro- 

sessors.  .  . 

ceed  to  apportion  said  school  taxes  as  other  taxes  are 
apportioned,  and  to  assess  the  same  according  to  law. 
Assessment  of^        149.  Whenever  any  borough  or  other  taxing  district 
when  said  tax     jn  ^Q  8tate  has  refused  or  neglected,  or  shall  hereafter 

has  not  been  as- 

refuse  or  neglect  to  elect  or  appoint  an  assessor  to  assess 
and  levy,  or  a  collector  to  collect  the  state  school  tax  or 
othe^r  tax  due  to  the  state,  it  shall  be  the  duty  of  the 
assessor  and  collector  of  the  township  from  which  the 
said  borough  or  taxing  district  was  originally  carved  or 
set  off  to  assess,  levy  and  collect  all  taxes  due  from  such 
borough  or  taxing  district,  whether  in  arrears  or  other- 
wise, in  the  manner  provided  in  the  act  to  which  this  is 
a  supplement,  to  wit,  said  supplement  of  April  eleventh,, 
one  thousand  eight  hundred  and  sixty-six,  and  to  pay 
over  the  same  as  by  law  they  would  be  required  to  do 
if  they  had  assessed,  levied  and  collected  the  same 
under  said  act  of  April  eleventh,  one  thousand  eight 
hundred  and  sixty-six. 
Assessor  to  as-  15Q.  It  shall  be  the  duty  of  such  township  assessor,. 

sess  within  thirty 

days  after  re       within  thirty  days  after  written  notice  from  the  county 

ceivmg  notice.  *  * 

collector  of  the  amount  of  taxes  due  and  unpaid  from 
such  borough  or  taxing  district,  to  assess  and  levy  upon 
the  taxable  property  of  such  borough  or  taxing  dis- 
trict the  taxes  due  and  unpaid,  and  in  giving  such 
notice  the  county  collector  shall  state  the  amount  of 
taxes  due  or  in  arrears,  and  such  statement  and  notice 
shall  be  a  sufficient  warrant  to  the  assessor  in  assessing 
the  same. 


SCHOOL    LAW.  51 


151.  The   said  assessor   upon   receiving  such  notice  aS°sSrSation  °f 
shall  proceed  immediately  to  make  such  assessment,  n 

and  as  soon  as  the  same  is  completed  shall  turn  over 
his  duplicate  to  the  collector  of  said  township,  and 
such  assessor  shall  be  entitled  to  the  same  rate  of 
compensation  for  assessing  such  taxes  as  he  is  now  en- 
titled to  receive  under  the  said  act  of  April  eleventh, 
one  thousand  eight  hundred  and  sixty-six,  or  any  act 
which  amends  or  changes  the  provisions  thereof. 

152.  The  collector  of  said  township  shall,  within  two  commissioners ot 

r  7  appeal 

days  after  receiving  the  said  duplicate,  notify  the  com-  Ibid  * 4 
missioners  of  appeal  of  such  township  that  the  dupli- 
cate has  been  delivered  to  him,  whereupon  it  shall  be 
the  duty  of  said  commissioners  of  appeal,  within  ten 
days  and  upon  giving  not  less  than  five  days'  notice 
of  a  time  and  place  to  be  by  them  appointed,  to  hear 
all  complaints  relating  to  such  assessment,  and  to  cor- 
rect and  amend  such  assessment  as  fully  and  effectually 
a»  they  are  now  empowered  to  correct  assessments  by 
said  act  of  April  eleventh,  one  thousand  eight  hundred 
and  sixty  six,  or  any  act  which  amends  or  changes  the 
provisions  thereof;  and  such  commissioners  of  appeal 
shall  be  entitled  to  the  same  compensation  for  such 
service  as  they  are  now  entitled  to  receive  under  said 
act  of  April  eleventh,  one  thousand  eight  hundred  and 
sixty- six,  or  any  act  which  amends  or  changes  said  act. 

153.  It   shall  be  the   duty  of  the  collector  of  such  collector  to  coi 

.  lectsaid  tax. 

township  to  proceed  within  two  days  after  the  meeting  lbid  « s- 
of  said  commissioners   of  appeal  to  collect  the  taxes 
assessed  and  levied  by  the  assessor  under  this  act ;  and 
in  making  such  collections  the  said  collector  is  hereby 
vested  with  all  the  powers  conferred  upon  him  for  that 
purpose  by  any  act  of  the  legislature ;  and  such  collector  compensation. 
shall  be  entitled  to  the  same  rate  of  compensation  for 
collecting  such  taxes  as  he  is  now  entitled  to  receive 
under  any  act  of  the  legislature. 

154.  It  shall  be  the  duty  of  the  county  collector  of  county  collector 

,.,.,,,  to  pay  to  state 

any  county  in  which  is  located  a  borough  or  taxing  dis- 
trict,  such  as  is  described  in  the  first  section  of  this 


52  SCHOOL    LAW. 


[See  sec.  i49  ]  act,  to  pay  over  to  the  state  treasurer  out  of  any  moneys 
that  may  be  in  his  hands  belonging  to  the  county  and 
unappropriated,  the  amount  of  taxes  due  the  state  from 
said  county,  whether  the  full  amount  of  tax  has  been 
collected  or  not. 

Freeholders  to         155.  The  board  of  chosen  freeholders  of  the  county 
vanc°ewpfnsuch      shall  have  power  to  borrow  the  amount  of  any  such 
ibid,  g  7°          taxes  due  the  state,  in  anticipation  of  the  collection  of 
said  taxes,  upon  such  terms  as  they  may  deem  proper, 
and  issue  proper   obligations   therefor  signed  and  ex- 
ecuted as  bonds  of  said  county  are  signed  and  executed, 
and  pay  said  taxes  to  the  state  immediately. 
Duties  of  county      156.  It  shall  be  the  duty  of  the  county  collectors  of  the 

c-  Hectors  '* 

chh  'DXXVII  several  counties  of  this  state  to  pay  to  the  treasurer  of 

§s3ee  s «  i         ^n*8  8*a^e  *^e  quotas  due  from  their  respective  counties  of 

the  taxes  imposed  by  this  act,  on  or  before  the  first  day  of 

January,  annually,  next  ensuing  the  assessment  thereof. 

collectors  in  157.  Hereafter  it  shall  be  lawful  for  the  collector  of 

counties  of  third  i       -i  •         • 

and  fourth  classes  any  town  or  township,  school    district  or  districts  in 

may  pay  teach-        •    *  *  ' 

ers' orders  be-     counties  of  the  third  and  fourth  class  with  the  advice 

fore  settlement 

kctJ.rCOunty  col~  an^  consent  of  the  county  collector,  to  disburse  and  pay 
p.  L.  1890,        out  for  the  salaries  of  teachers  in  the  public  schools  any 
money  received  and  collected  by  him  for  state  school 
tax,  pending  settlement  by  him  with  the  county  collec- 
tor of  and  for  the  amount  due  from  the  town  or  town- 
ship to  the  county  collector,  and  the  amount  due  and 
coming  through  the  hands  of  the  county  collector  to 
the  school  district  or  districts  as  the  apportionment  of 
state  school  money,  other  than  the  state  appropriation ; 
Proviso.  provided,  that  the  amount  of  such  disbursement  shall  not 

exceed  seventy-five  per  centum  of  the  amount  of  said 
apportionment  of  state  school  money ;  and  all  such  pay- 
ments so  made,  on  presentation  of  warrants  legally  and 
regularly  issued  by  the  board  of  school  trustees,  shall 
be  considered  and  credited  as  partial  payments  of  the 
state  school  tax  from  the  town  or  township  to  the  county 
collector,  and  the  warrants  so  paid  shall  be  placed  in 
his  hands  and  retained  by  said  county  collector  until 
final  settlement  be  made  by  him  with  said  township  col- 


SCHOOL    LAW.  53 


lector  for  the  state  school  tax  and  state  school  appor- 
tionment for  that  current  year,  when  the  said  warrants 
shall.be  returned,  as  part  payment  to  the  amount  of 
their  face  value,  of  the  apportionment  of  state  school 
money  due  the  town,  township  or  school  district  or 
districts. 

158.  Ten  per  centum  of  the  full  amount  of  money  an-  ^ 
nually  raised  by  virtue  of  the  seventy-seventh  section  of  SJJ^*/6" 
this  act  shall  be  known  as  a  reserve  fund,  and  shall  be  c^umfe?6 
apportioned  among  the  several  counties  of  this  state,  by  chap.cvf,f3. 
the  state  board  of  education,  equitably  and  justly,  accord-  fSeesec  M?] 
ing  to  their  own  discretion,  on  or  before  the  fifteenth 

day  of  April  subsequently  to  the  aforesaid  apportionment 
by  the  comptroller  of  the  treasury ;  and  it  shall  be  the  fe^denMod^w 
duty  of  the  state  superintendent  of  public  instruction,  orders 
on  or  before  the  tenth  day  of  January  next  ensuing  said 
apportionment,  to  draw  orders  on  the  comptroller  of 
the  treasury,  and  in  favor  of  the  county  collectors,  for 
the  payment  of  ninety  per  centum  of  the  amount  of 
school  tax  paid  by  the  counties  respectively ;  and  the 
said  county  collectors  shall  apply  for  and  be  entitled  to 
receive  the  amount  of  said  orders  as  soon  as  the  same  are 
received ;  and  the  said  superintendent  shall  also  draw  his 
orders  in  favor  of  the  respective  county  collectors,  for 
such  portion  of  the  reserve  fund  as  shall  have  been  ap- 
portioned to  the  counties  respectively,  a«  aforesaid, 
which  orders  shall  be  payable  when  the  said  reserve 
fund  has  been  paid  by  the  several  counties;  provided,  Proviso. 
that  no  portion  of  said  moneys  shall  be  used  for  the 
support  of  sectarian  schools. 

159.  It  shall  be  the  duty  of  the  county  superintendent  £deS.*ttn" 
of  each  county  to  apportion  annually  to  the  districts  and  {£ 

cities  of  his  county  the  state  school  moneys,  together  SS 
with  the  interest  of  the  surplus  revenue  belonging  to  said  ch^p.l 
county,  and  such  other  money  as  may  be  raised  for  school  * 
purposes  upon  the  basis  of  the  last  published  school  cen- 
sus ;  provided,  that  all  children  residing  in  fractional  dis-  Proviso, 
tricts,  situated  in  two  or  more  adjoining  townships,  shall 
be  included  in  the  census  of  that  township  in  which  the 


54  SCHOOL    LAW. 


chp 
CLXXIX,  <  74. 


Proviso.  fraction  containing  the  school  house  is  situated  ;  and  pro- 

vided also,  that  no  district  shall  receive  less  than  two  hun- 
dred and  seventy-five  dollars  ;  and  that  districts  with 
forty-five  children  or  more  shall  not  receive  less  than 
three  hundred  and  seventy-five  dollars. 

1^0.  '•^ne  8tftte  comptroller,  annually,  after  having  re- 
ceiye(l  from  the  state  superintendent  of  public  instruction 
I86?>  a  statement  of  the  apportionment  of  the  state  appropria- 
j.-on  among  the  several  counties,  shall  draw  his  warrant 
On  the  state  treasurer  in  favor  of  the  -county  collector  of 
any  county  for  the  portions  to  which  said  county  is  en- 
titled, whenever  such  county  collector  shall  present  an 
order  for  the  same  drawn  by  the  state  superintendent  of 
public  instruction  in  favor  of  such  county. 

161.  The  county  collector  of  each  county  shall  receive 

tendents  to  give 

orders  in  favor  of  and  hold  in  trust  that  part  of  the  state  appropriation 

township  col-  •*•  A  A         A 

ibid0T  belonging  to  his  county,  and  shall  pay  out  the  same  to 

the  collectors  of  the  several  townships,  and  to  the  city 
treasurers  of  the  cities  of  his  county,  only  on  the  orders 

Proviso.  of  the  county  superintendent  ;  provided,  that  in  townships 

where  there  are  less  than  two  hundred  children  between 
the  ages  of  five  and  eighteen,  the  inhabitants  may  raise 
such  a  sum  per  child  as  will  be  sufficient  to  maintain 
their  schools.* 

*(i)  A  county  collector  is  not  required  or  permitted  to  exercise  any  discretion  as  to 
how  much  of  the  state  appropriation  the  several  township  collectors  in  the  county  are 
entitled  to  receive  from  him.  The  question  as  between  these  officers  is  settled  conclu- 
sively by  the  order  of  the  county  superintendent  of  public  schools.  (2)  The  notion  that 
a  county  collector  can,  in  any  case,  lawfully  reduce  the  amount  by  setting  up  some  coun- 
ter-claim, whether  in  his  own  behalf  or  in  behalf  of  his  county,  and  whether  against  the 
township  collector,  personally,  or  against  his  township,  is  neither  justified  by  the  lan- 
guage nor  consistent  with  the  policy  of  our  school  laws.  State,  Herder,  &c.,  v.  Collector, 
&c.,  7  Vr.  363. 

(i)  The  county  collector  of  each  county  shall  receive  and  hold  in  trust  the  state  appro- 
priation for  public  schools  belonging  to  his  county,  and  pay  the  same  to  the  collectors  of 
the  several  townships  and  to  the  city  treasurers  of  the  cities  of  his  county  only  on  the 
orders  of  the  county  superintendent,  and  is  responsible  for  these  moneys  if  otherwise 
expended.  (2)  School  taxes  are  to  be  levied  and  applied  for  the  fiscal  year  beginning 
September  ist,  succeeding  the  assessment,  and  not  for  the  preceding  year.  (3)  A  man- 
damus will  be  allowed  for  the  payment  of  the  county  superintendent's  order  for  the  state 
appropriation  for  public  schools,  where  the  moneys  have  been  applied  for  school  purposes 
in  the  preceding  year,  beginning  January  ist.  State,  ex  rel.  Board  of  Education,  &c., 
v.  Sheridan,  &c.,  13  Vr.  64. 

A  mandamus  will  be  granted  against  a  county  collector  in  favor  of  a  township  collector 
or  city  treasurer  to  compel  the  payment  of  school  moneys,  although  the  township  collector 
or  city  treasurer  may  owe  the  county  collector  money  for  state  or  county  taxes.  Board 
of  Education  \.  Sheridan,  16  Vr.  276. 


SCHOOL    LAW.  55 


162.  It  shall  be  the  duty  of  the  township  collector  of  Township  coi- 

J  lectors  to  hold 

each  township  to  receive  and  hold  in  trust  all  school  ?ch°o1  moneys 

*  ^         m  trust. 

moneys  belonging  to  the  township  or  to  any  of  the  dis-  Ibid 
tricts  thereof,  whether  received  from  the  state  appro-  Jjj  Jg*,'16*' 
priation,  from  township  or  district  tax,  or  from  other 
sources,  and  to  pay  out  the  same  only  on  the  orders  of 
the  district  clerks  of  the  several  districts  of  his  town- 
ship, which  order  shall  specify  the  object  for  which  it  is 
given,  and  shall  be  signed  by  at  least  one  other  trus- 
tee beside  said  clerk,  and  shall  be  made  payable  to  the 
order  of    and  be   indorsed   by  the  person  entitled  to 
receive  it,  and  he  shall,  on  the  order  of  the  township 
committee,  pay  over  any  balance  of  school  funds  remain-  [Seesec.  i73.] 
ing  in  his  hands  to  his  successor  in  office,  and  he  shall 
procure  a  suitable  book,  in  which  he  shall  keep  a  sepa-  TO  keep  ac- 

,         -IT         •          •  •  -I   .         counts  of  school 

rate  account  with  each  school  district  in  his  township,  moneys. 

crediting  each  with  the  amounts  apportioned  to  it  by 

the  county  superintendent,  and  the  amount  raised  by 

tax  in  the  district,  and  charging  each  with  the  orders 

paid  for  said  district,  and  he  shall  present  his  accounts 

to  be  examined  and  settled  by  the  township  committee 

at  the  close  of  the  year,  a  copy  of  which  settlement,  cer-  Report  to  town- 

J  rj  ship  committee 

tmed  by  the  committee,  showing  the  amounts  received,  «»d  to  county 

.  superintendent. 

the  amounts  expended  by  him  for  school  purposes  dur- 

ing the  year  (and  the  balance  remaining  in  his  hands)  ; 

he  shall  transmit  said  copy  within  ten  days  to  the  county 

superintendent,  and  another  copy  of  the  same  he  shall 

file  with  the  clerk  of  the  township,  and  as  compensation  compensation. 

for  such  service  the  township  collector  shall  be  entitled 

to  receive  three-fourths  of  one  per  centum  on  all  school 

funds  received  and  paid  out  by  him  for  such  purposes 

during  the  year,  to  be  paid  by  the  township  committee 

from  the  funds  of  the  township. 


* 


*i.  The  township  collector  is  entitled  to  three-fourths  of  one  per  cent,  on  all  school 
moneys  received  and  held  in  trust  by  him,  and  three-fourths  of  one  per  cent,  on  all  school 
moneys  paid  out  by  him,  exclusive  of  the  balance  received  from  his  predecessor,  and  the 
balance  paid  to  his  successor.  Demarest  v.  New  Barbadoes,  n  Vr.  604. 

2.  A  mandamus  will  be  granted  to  compel  a  township  collector  to  pay  the  balance  of 
school  moneys  to  his  successor.     Meinzer  v.  Disbrow,  13  Vr   141. 

3.  An  order  of  the  district  clerk,  which  specifies  the  object  for  which  it  was  given  without 
any  designation  of  the  yearly  taxes  out  of  which  it  shall  be  payable,  is  a  sufficient  voucher 
for  the  township  collector.     Zimmerman  v.  Mathe,  20  Vr.  45. 


56 


SCHOOL    LAW. 


School  orders  to 
bear  interest 
when  collector 
has  no  funds  to 
honor  same 
P.  L.  1890, 
Chap.  CXII.gi 


Fractional 
districts 
P   L.  1871. 
Chap.  DXXVII 
§6. 


Sinking  funds 
for  schools. 
P.  L.  1882, 
Chap.  CXLIX, 


Trustees  lo  pay 
and  deliver 
moneys  and 
securities  to 
collector  or 
other  financial 
officer . 
Ibid  ?  2. 


163.  Whenever  any  order  for  payment  of  teachers* 
salaries  or  the  incidental  expenses  of  public  schools  shall 
be  drawn  by  any  board  of  trustees  on  any  township  col- 
lector or  other  disbursing  officer,  which  order  there 
shall  be  no  funds  in  the  hands  of  such  collector  or  other 
disbursing  officer  to  meet,  that  then  and  in  every  such 
case  such  order  shall  bear  legal  interest  until  such  time 
as  said  collector  or  other  disbursing  officer  shall  be  pre- 
pared to  honor  the  same,  of  which  readiness  he  shall 
give  public  notice,  whereupon  said  interest  shall  cease. 

164.  All  school  moneys  belonging  to  fractional  dis- 
tricts shall  be  held,  subject  to  the  order  of  the  trustees, 
by  the  collector  of  that  township  in  which  the  fraction 
containing  the  school  house  is  situated. 

165.  The  officer  in  every  township  whose  duty  it  now 
is  by  law  to  receive  and  hold  in  trust  the  school  moneys 
of  the  several  school  districts  in  such  township  (whether 
such  officer  be  called  collector  of  taxes,  receiver  of  taxes, 
township  treasurer,  or  by  any  other  name),  shall  collect, 
receive  and  hold  in  trust  and  be  accountable  for  all 
securities,  funds  and  moneys  of  any  school  district  in. 
such  township,  which  belong  to  any  sinking  fund  or 
interest  account,  or  to  a  fund  provided  for  the  redemp- 
tion of  any  bonds  or  the  payment  of  any  debt  of  such 
district;  and  all  payments  and  disbursements  of  money, 
whether  for  interest,  for  discharge  of  principal  debt,  or 
for  investment,  shall  be  made  by  and  through  such 
township  financial  officer,  on  school  orders  duly  signed 
by  the  district  trustees. 

166.  It  shall  be  the  duty  of  the  school  trustees  of  any 
school  district  in  this  state,  within  thirty  days  after  the 
passage  of  this  act,  to  pay  over  and  deliver  to  the  town- 
ship collector,  receiver  of  taxes  or  other  financial  officer 
as  aforesaid,  of  the  township  in  which  such  district  is 
situate,  all  moneys  and  securities  in  their  hands  belong- 

4.  The  township  collector  paying  out  school  moneys  on  statutory  orders  is  not  responsible 
for  the  application  the  school  trustees  have  made  of  the  money.     Zimmerman  v.  Mathe, 
20  Vr.  45. 

5.  See  note  to  section  171. 


SCHOOL    LAW.  57 


ing  or  relating  to  any  funded  indebtedness  of  such  dis- 
trict. 

167.  The  bonds  or  other  securities  given  and  to  be  f™£s  °[cco1' 
given  for  the  faithful  performance  of  duty  by  any  such  Ibid  ^  3 
township  collector,  receiver  of  taxes  or  other  financial 

officer  of  any  township,  into  whose  hands  shall  come 
the  money  and  securities  of  any  school  district,  shall 
be  liable  for  and  held  to  embrace  the  faithful  perform- 
ance of  duty  raised  by  this  or  any  other  act  relating  to 
the  care  of  school  funds  and  securities  by  such  financial 
officer. 

168.  On  or  before  the  fifteenth  day  of  September  in  dSlSfto  be 
each  year,  it  shall  be  the  duty  of  all  township  collectors, 

city  treasurers,  and  other  persons  who  may  be  the  cus- 
todians  of  moneys  belonging  to  the  several  school  dis- 
tricts  in  this  state,  to  pay  to  the  county  collectors  of 
their  respective  counties  all  balances  derived  from 
moneys  apportioned  to  said  districts  by  the  county 
superintendents  which  may  then  be  in  their  hands  to 
the  credit  of  said  districts,  and  to  report  forthwith  to 
the  county  superintendents  of  their  respective  counties 
the  amounts  thus  paid  over  ;  and  it  shall  be  the  duty  of  County  collector 

'.  to  report  to 


each  county  collector,  on  or  before  the  first  day  of 
October  in  each  year,  to  report  to  the  county  superin- 
tendent of  his  county  the  amount  of  money  received  by 
him  by  virtue  of  the  provisions  of  this  act,  and  the 
county  superintendent  shall  thereupon  re-apportion  county  superm 
such  amount  among  all  the  school  districts  in  his  a 

c  anc 

county,  except  as  hereinafter  provided,  and  the  sums 
thus  re-apportioned  shall  immediately  be  returned  to 
the  several  township  collectors,  city  treasurers,  and 
other  persons  entitled  to  the  custody  ol  the  school 
moneys,  on  the  orders  of  the  county  superintendent,  and 
shall  be  available  for  the  then  current  school  year  ;  and 
the  sum  thus  re-apportioned  to  any  district  shall  be  in 
addition  to  and  in  excess  of  the  sum  apportioned  to  such 
district  by  the  county  superintendent  for  said  school 
year  ;  provided,  that  the  county  superintendent  may,  for  Proviso. 
good  cause  shown,  allow  the  balance  due  any  school 


58 


SCHOOL    LAW. 


certain  cases. 


Proviso. 


district  to  remain  in  the  hands  of  the  custodian  of  the 
school  funds  of  such  district  to  the  credit  of  such  dis- 
trict>  and  8uel1  balance  shall  thereafter  be  used  and  ex- 
pended by  the  trustees  of  such  school  district  for  the 
purpose  of  paying  teachers'  salaries  and  fuel  bills,  01^ 
by  and  with  the  written  consent  of  the  county  superin- 
tendent, in  the  improvement  of  the  school  house  and 
grounds,  the  purchase  of  school  furniture  or  apparatus, 
or  for  any  other  purpose  connected  with  the  schools  of 
such  district ;  and  provided  also,  that  in  case  the  county 
superintendent  shall  allow  any  district  to  retain  any 
such  balance,  the  said  district  shall  not  be  included  in 
any  such  re-apportionment  nor  entitled  to  any  of  the 
proceeds  thereof. 


Cities  and  dis- 
tricts may  raise 
school  tax.' 
[See  sec.  147.] 
P.  L. 1879, 
Chap. 
CLXXVIII,§i 


Annual  district 

meeting  for 

ordering  school 

tax. 

[See  sec.  173.] 


Mode  of  proced- 
ure tor  raising 
cistrict  tax. 


Power  of  dis- 
trict meeting. 


DISTRICT  TAX. 

169.  In  addition  to  the  tax  imposed  by  the  seventy- 
seventh  section  of  this  act,  each  city  and  school  district 
may  raise  by  tax  such  other  sums  of  money  as  they  may 
need  for  school  purposes,  in  the  following  manner,  un- 
less otherwise  authorized  by  any  special  act  applicable 
to  such  city  school  district;  the  legal  voters  of  such 
districts  are  hereby  authorized  and  required  to  meet 
on  the  Tuesday  of  the  week  following  the  annual  town 
meeting,  for  the  purpose  of  determining  what  addi- 
tional school  tax,  if  any,  shall  be  levied  upon  the  dis- 
trict ;  said  meeting  shall  be  held  at  some  convenient 
public  place  within  the  district,  and  notice  thereof,  set- 
ting forth  the  time,  place  and  object  of  such  meeting 
and  the  amount  of  money  desired  to  be  raised,  shall  be 
given  by  the  district  clerk,  and  set  up  in  at  least  three 
public  places  within  the  district,  ten  days  before  the 
day  of  meeting,*  and  the  said  inhabitants,  so  met,  shall 
have  power,  by  the  consent  of  a  majority  of  those  pres- 

*  i.  When  an  assessment  is  ordered  by  the  inhabitants  of  a  school  district  called  for  that 
purpose,  to  sustain  the  assessment,  proof  must  be  clear  that  ten  days'  legal  notice  of  the 
time,  place  and  purposes  of  such  meeting  had  been  given.  State  v.  Van  Winkle,  i 
Dutcher  73. 

2.  A  notice  indicating  that  the  object  of  the  meeting  is  to  purchase  a  school  house,  will 
not  warrant  a  resolution  to  pay  for  a  house  already  built.  Lamb  v.  Hurff,  9  Vr.  310. 


SCHOOL    LAW.  59 


ent,  to  authorize  the  trustees  of  said  district  to  purchase 
land  for  school  purposes,*  to  build,  enlarge  or  repair  a 
school  house  or  school  houses,  and  to  borrow  money 
therefor,  or  to  sell  or  mortgage  a  school  house  or  school 
houses,  and  to  raise  by  taxation  for  these  purposes,  or 
to  pay  a  debt  of  the  district  incurred  for  such  purposes, 
and  for  the  current  expenses  of  the  school  or  schools, 
such  sum  of  money  as  a  majority  of  the  inhabitants  so 
assembled  shall  agree  to ;  and  if  at  such  meeting  the 
trustees  shall  be  authorized  to  borrow  money  not  ex- 
ceeding four  hundred  dollars  in  amount,  to  build  or 
repair  a  school  house  to  cost  less  than  five  hundred 
dollars,  such  meeting  may  direct  that  the  money  to 
pay  the  debt  so  authorized  be  raised  by  poll-tax,f  as-  [See  sec.  3i3.] 
sessed  upon  the  taxable  inhabitants  of  said  district, 
and  that  one  hundred  dollars,  with  interest,  on  the 
amount  of  said  borrowed  money  remaining  unpaid 
be  so  raised  in  each  year,  for  a  period  of  four  years ; 
and  in  case  any  money  shall  be  ordered,  by  a  vote 
of  a  majority  of  said  meeting,  to  be  raised  by  taxa- 
tion, the  district  clerk  shall  make  out  and  sign  a  cer-  certificate  of 
tificate  thereof,  under  oath  or  affirmation,  that  the  same 
is  correct  and  true,  and  deliver  the  same  to  the  assessor 
or  assessors  of  the  township  or  townships  in  which  said 
district  is  situated, J  and  to  the  county  superintendent, 

*  The  trustees  must  designate  the  place  where  the  lands  to  be  purchased  lie,  and  the 
notices  calling  the  district  meeting  must  contain  a  description  of  the  lands  so  designated. 
The  district  meeting  cannot  authorize  the  purchase  of  land  not  described  in  the  notices. 
Zabriskie  v.  School  District  10,  Bergen  Co.,  23  Vr.  104. 

f  The  authority  to  raise  a  poll-tax  for  school  purposes  is  repealed  by  P.  L.  1891,  Chap. 
CCLXXI. 

1 1.  The  sworn  certificate  of  the  clerk  to  the  assessor  must  specify  the  amount  to  be 
raised  for  each  purpose ;  that  the  notices  were  posted  in  "  at  least  three  public  places  in 
said  district,"  and  all  other  facts  necessary  to  show  that  the  law  has  been  complied  with. 

The  affidavit  must  verify  all  the  material  facts  set  forth  in  the  certificate.  State  v 
Hardcastle,  n  Dutcher  143,  3  Dutcher  551 ;  Winsor  \.  Donahay,  i  Vr.  404;  Banghart 
v.  Sullivan,  7  Vr.  89  ;  Trustees  v.  Padden,  15  Vr.  151 ;  Quaidv.  Trustees,  dc.,2o  Vr.  607. 

2.  It  is  essential  to  the  validity  of  the  certificate  of  district  clerk,  that  it  set  forth  that 
due  notice  has  been  given    of  the  amount  of  money  proposed  to  be  raised  at  the  district 
meeting.     Slack  v.  Palmer,  10  Vr.  250. 

3.  The  certificate  to  the  assessor  must  show  how  the  money  ordered  to  be  raised  is  to  be 
apportioned,  and  that  the  apportionment  was  made  by  the  district  meeting.     Duryea  v. 
Greenleaf,  5  Vr.  441 ;  Banghart  v.  Sullivan,  7  Vr.  89  ;  Corrigan  v.  Duryea,  n  Vr.  226; 
Trustees  v.  Padden,  15  Vr.  151. 

4.  The  certificate  to  the  assessor  must  state  what  the  notice  given  of  the  meeting  was, 
and  when  and  where  the  notices  were  put  up.     Quaid  v.  Trustees,  20  Vr.  607. 


60 


SCHOOL    LAW. 


Assessment. 
I  See  sees.  170 
and  171.] 


Collection. 


Proviso. 


[See  sec.  66, 
div.  ii.] 


Proviso . 


Special  school 
tax  to  be  a 
separate  item 
in  tax  levy. 
P.  L.  1882, 
Chap.  CII,  §  i 


which  said  assessor  or  assessors  shall  assess  on  the  in- 
habitants of  said  school  districts  and  their  estates,  and 
the  taxable  property  therein,  in  the  same  manner  as 
township  taxes  are  assessed,  such  sum  of  money  as  shall 
have  been  ordered  to  be  raised  by  the  said  meeting,  in 
the  manner  aforesaid ;  and  said  money  shall  be  assessed, 
levied  and  collected ;  and  it  shall  be  the  duty  of  the  col- 
lector or  collectors  of  the  township  or  townships  in 
which  said  district  is  situate,  to  pay  over  all  moneys  by 
him  or  them  received,  which  shall  have  been  assessed 
by  virtue  of  such  a  vote  of  a  district  meeting  as  afore- 
said, on  the  order  of  the  district  clerk  of  said  district, 
to  be  used  for  the  purpose  directed  by  the  district  meet- 
ing so  held  as  aforesaid ;  provided,  that  whenever  any 
district  school  meeting  shall  be  held  as  aforesaid,  or  at 
the  call  of  the  trustees,  as  provided  in  the  eleventh 
division  of  the  thirty-ninth  section  of  this  act,  it  shall 
not  be  lawful  for  such  meeting  to  order  a  greater  sum 
of  money  to  be  raised  by  a  district  tax  than  shall  have 
been  mentioned  and  designated  in  the  notice  of  such 
meeting  set  up  in  the  manner  required  by  law;  and 
provided  further,  that  whenever  in  the  judgment  of  the 
trustees  of  any  district,  it  shall  not  be  necessary  to  levy 
a  district  tax  for  school  purposes,  the  district  clerk 
thereof  shall  not  set  up  the  notices  directed  to  be  given 
as  aforesaid.* 

170.  In  all  cases  where  a  tax  shall  be  levied  in  any 
city,  borough,  town  or  township  of  this  state,  which  tax 
shall  include  any  moneys  to  be  raised  for  school  pur- 

*i.  The  resolution  passed  at  the  district  meeting  must  direct  the  particular  purpose, 
which  must  be  one  of  the  purposes  in  the  act,  and  must  be  contained  in  the  notice.  If 
money  is  voted  for  more  than  one  purpose,  the  resolution  must  specify  the  amount  ap- 
portioned to  each.  Cochranev.  Garrabrant,  3  Vr.  444  ;  Banghart  v.  Sullivan,  7  Vr. 
89 ;  Corrigan  v.  Duryea,  n  Vr.  266. 

2.  A  resolution  to  raise  money  to  build  and  furnish  a  school  house  is  not  bad  because 
the  amount   to  be  used  for  building  and   the  amount  for  furnishing  are  not  separately 
stated.     Stackhouse  v.  School  Dist.  No.  43,  Sussex  Co.,  23  Vr.  291. 

3.  A  resolution  to  sell  an  old  school  house,  passed  at  the  same  meeting  that  it  was  re- 
solved to  raise  money  to  build  a  new  house,  is  illegal  if  the  notice  calling  the  meeting  does 
not  state  that  it  would  be  a  subject  for  consideration.     Stackhouse  v.  School  Dist.  No.  43, 
Sussex  Co.  23  Vr.  291. 

4.  It  is  essential  that  the  purpose  for  which   the  tax  is  imposed  shall  be  particularly 
designated.     "  For  incidentals  "  is  not  sufficient.     Schomp  v.  Cole,  22  Vr.  277. 

5.  School  taxes  must  be  assessed  upon  the  same  property,  and  in  the  same  manner  as 
all  other  taxes      Roll  v.  Perrine,  5  Vr.  254. 


SCHOOL    LAW.  61 


poses,  the  amount  of  tax  against  any  property,  either 
real  or  personal,  which  shall  be  intended  for  such  school 
purposes,  shall  be  entered  in  the  tax  levy  made  against 
said  property  as  a  separate  item  ;  and  all  tax  bills  which 
shall  be  sent  out  or  rendered  by  any  city,  borough, 
town  or  township  of  this  state  shall  state  the  amount  of 
said  school  tax  in  a  separate  item. 

171.  The  several  assessors  and  collectors  of  the  town- 
ships  and  wards  of  this  state  shall  be  entitled  to  receive 

five  cents,  and  no  more,  for  each  name  for  assessing,  CC<?XLVI, 
levying  and  collecting  district  school  taxes.* 

172.  Nothing  in  the  act  entitled  "An  Act  to  establish 
a  system  of  public  instruction "  (Revision),  approved 
March  twenty-seventh,  eighteen  hundred  and  seventy-  chap.c 
four,  shall  be  construed  to  require  the  township  collector 

to  pay  over  to  the  county  collector  any  school  moneys 
received  by  him  from  special  township  or  district  school 
taxes  raised  under  the  eighty-sixth  section  of  said  act.  fSee  sec 

173.  At  each  annual  or  special  school  meeting  held  in  Distri 
111.      ..i.  111  *nss  to  vote  on' 

any  school  district  in  this  state,  the  legal  voters  thereof  £y  baiiot. 

shall  vote  by  ballot,  and  not  otherwise,  to  raise  money  £$££XIV'  g  2 
for  any  school  purposes  whatever. 


DISTRICT  BONDS. 

174.  It  shall  and  may  be  lawful  for  the  inhabitants  of  Su 
each  district,  when  met  in  conformity  to  the  provisions  [f *e  ^cf 66' 
of  the  eighty-sixth  section  of  this  act,  or  at  the  call  of  the  chap,  cccvn, 
trustees,  as  provided  in  the  eleventh  division  of  the  thirty-  fs«  sees.  i69 
ninth  section  of  this  act,  by  the  consent  of  a  majority  of  a' 
those  present,  to  authorize  the  trustees,  for  the  purpose 
of  purchasing  land  for  school  purposes,  or  for  the  pur- 
pose of  building  a  school  house  or  school  houses,  or 
making  additions,  alterations,  repairs  or  improvements 
in  or  upon  such  school  house  or  school  houses  already 


*  In  view  of  the  fact  that  the  collection  of  district  school  taxes  is  the  same  thing  as  receiv- 
ing district  school  taxes,  I  come  to  the  conclusion  that  the  receipt  of  three-fourths  of  one 
per  cent,  for  collecting  these  taxes  is  forbidden.  Bergen  Circuit  Court,  New  Barbadoes, 
v.  Van  Horn,  Dec.  1887. 


62 


SCHOOL    LAW. 


Rate  of  interest, 


Cities  may  bor- 
row money  to 
build  school- 
houses. 
P.  L.  1889, 
Chap. 
CCXXII.gx. 


Money  to  be 
secured  by 
bonds. 


Time  of  pay- 
ment of  bonds. 


erected,  and  the  lands  upon  which  the  same  are  located, 
and  any  additional  lands  purchased  for  school  purposes 
in  such  district,  to  issue  bonds  of  the  district  in  the  cor- 
porate name  of  the  district  in  such  sums  and  in  such 
amounts,  and  payable  at  such  times  as  the  inhabitants 
so  met  may  direct,  with  interest  at  a  rate  not  exceeding 
six  per  centum  per  annum,  payable  half  yearly;  which 
bonds  shall  be  signed  by  the  trustees  of  such  district  and 
attested  by  the  clerk  under  the  seal  of  the  district ;  and 
the  bonds  so  issued  shall  be  a  lien  upon  the  property  of 
the  said  district. 

175.  The  board  of  education,  board  of  school  trustees, 
or  other  body  having  charge  and  control  of  the  public 
schools  in  any  school  district  in  this  state,  acting  under 
a  special  charter,  or  under  the  provisions  contained  in 
the  charter  of  any  city,  town,  borough  or  other  muni- 
cipality, is"  hereby  authorized  and  empowered,  for  the 
purpose  of  building  or  enlarging  school  houses,  by  and 
with  the  consent  of  the  board  having  charge  and  control 
of  the  finances  of  such  municipality,  to  borrow  from  the 
"trustees  of  the  fund  for  the  support  of  public  schools" 
such  sum  or  sums  of  money  as  may  be  necessary  for  that 
purpose ;  that  the  money  thus  borrowed  shall  be  secured 
by  bonds  to  be  issued  in  the  corporate  name  of  said 
municipality  or  school  district,  to  be  known  as  district 
school  bonds,  which  bonds  shall  bear  interest  at  the  rate 
of  five  per  centum  per  annum,  payable  annually,  and  the 
said  bonds  shall  and  are  hereby  declared  to  be  the  first 
lien  upon  the  school  house  and  lot  on  which  the  same 
is  erected,  and  for  the  erection  or  repair  of  which  they 
shall  have  been  issued ;  that  no  loan  authorized  by  this 
act  shall  be  less  than  five  hundred  dollars ;  that  such 
loan  may  be  paid  at  such  times  and  in  such  amounts  as 
the  board  of  education,  board  of  school  trustees  or  other 
body  borrowing  money  under  the  provisions  of  this  act 
may  direct ;  provided,  that  the  first  payment  on  any  such 
loan  shall  become  due  and  payable  not  later  than  five 
years  from  the  date  of  said  loan,  and  that  the  last  pay- 


SCHOOL    LAW.  63 


ment  on  any  such  loan  shall  be  made  not  later  than  ten 
years  from  the  date  thereof. 

176.  If  any  charter  of  any  incorporated  school  district, 
city,  town,  borough  or  other  municipality  in  this  state 
shall  limit  the  amount  of  indebtedness  that  may  be  in- 
curred,  or  shall  limit  the  amount  of  tax  or  the  rate  of  Ibid>  §  2> 
taxation  in  any  incorporated  school  district,  city,  town, 
borough  or  other  municipality  or  by  its  terms  prevent 

the  carrying  out  of  the  provisions  of  this  ac^  the  same 
shall  not  hereafter  be  held  to  apply  to  the  raising  of 
money  under  the  provisions  of  this  act,  and  the  powers 
herein  conferred  shall  embrace  every  school  district  in 
this  state,  any  public,  local,  special  or  other  law  to  the 
contrary  notwithstanding. 

177.  The  treasurer  of  this  state,  under  the  direction  of  Bonds  may  be 

'  taken  by  state 


the  "  trustees  for  the  support  of  public  schools,"  is  here-  jj^0.1  lund 
by  authorized  to  invest  the  fund  for  the  support  of  public 
schools  in  this  state  in  the  bonds  issued  by  virtue  of  this 
act;  provided,  always,  that  said  trustees,  before  giving  Proviso. 
such  direction,  shall  be  satisfied  that  the  lot  upon  which 
the  school-house  is  proposed  to  be  erected  or  repaired  is 
free  from  all  incumbrances,  and  that  the  said  bonds, 
when  issued,  will  become  the  first  lien  upon  said  lot 
with  the  improvements  thereon,  and  that  the  city,  town, 
borough  or  municipality  applying  for  the  loan  has  not 
defaulted  in  the  payment  of  the  principal  or  interest  of 
any  bonds  theretofore  issued  within  two  years  from  the 
date  of  the  application. 

178.  Copies  of  all  papers  and  proceedings  authorizing  £°cee£™g 

the  issuing  of  such  bonds  shall  be  submitted  to  the  Attorney- 

General. 

attorney  general  for  his  approval  of  the  legality  of  the  Ibid-  2  4. 
same,  and  that  duplicate  copies  of  such  papers  and  pro- 
ceedings shall  be  filed  in  the  office  of  the  state  superin- 
tendent of  public  instruction. 

179.  The  state  superintendent  of  public  instruction  Blanks  to  be 
shall   prepare  and   furnish   the   necessary  blanks   and  sSe^uper 
forms  for  all  proceedings  under  this  act.  Ibid  I  s- 

180.  It  shall   be  the  duty  of  the  officers  or  board  ' 
charged  with  the  raising,  levying  and  assessing  of  taxes 


64 


SCHOOL    LAW. 


Bonds  a  lien 
upon  district. 
P.  L   1886, 
Chap.  CI,  g  i. 


Proceedings  to 
be  approved  by 
attorney- 
General. 


Duplicate  copies 
to  be  sent  to 
state  superin- 
tendent. 


Report  of  in- 
debtedness to  be 
sent  to  state 
superintendent. 
Ibid,  3  2. 


Assessments  for 

payments  on 

bonds. 

P.  L.  1872, 

Chap.  DXLI, 

§3- 


in  any  school  district  or  municipality  issuing  bonds 
under  the  provisions  of  this  act  to  assess  upon  the 
inhabitants  thereof  and  their  estates  and  the  taxable 
property  therein,  an  amount  sufficient  to  pay  the  bond 
or  bonds  of  the  district  maturing  in  such  year,  together 
with  the  interest  accruing  upon  the  whole  issue  of  the 
unpaid  bonds  of  such  district  or  municipality,  and  the 
tax  thus  ordered  shall  be  assessed,  levied  and  collected 
in  the  same  manner  as  other  taxes  for  school  purposes 
are  assessed,  levied  and  collected. 

181.  The  bonds  of  the  several  school  districts  of  this 
state,  heretofore  or  hereafter  legally  issued  for  the  pur- 
pose of  building  school-houses,  or  for  enlarging  or  re- 
pairing school-houses,  shall  be  a  lien  upon  the  real  and 
personal  estates  of  the  inhabitants  of  the  said  districts, 
as  well  as  the  property  of  the  districts ;  and  the  property 
of  the  inhabitants,  as  well  as  the  property  of  the  districts, 
shall  be  liable  for  the  payment  of  the  same;  and  the 
interest  on  said  bonds  shall  be  payable  semi-annually,  and 
coupons  shall  be  attached  thereto ;  and  that  in  all  cases 
copies  of  all  papers  and  proceedings  authorizing  the 
issuing  of  such  bonds  shall  be  submitted  to  the  attorney- 
general  for  his  approval  of  the  legality  of  the  same ; 
and  that  duplicate  copies  of  such  papers  and  proceedings 
shall  be  sent  to  the  state  superintendent  of  public  in- 
struction. 

182.  The  district  clerk,  or  other  person  performing 
the  duties  of  a  district  clerk,  in  any  district  in  which 
there  is  any  interest-bearing  school  debt,  shall,  on  or 
before  the  first  day  of  September  in  each  year,  report 
to  the  state  superintendent  of  public  instruction  the 
amount  of  such  debt  then  remaining  unpaid,  together 
with  the  rate  of  interest,  the  date  or  dates  on  which  the 
bonds,  notes  or  other  evidences  of  indebtedness  were 
issued,  and  the  date  or  dates  on  which  they  shall  fall 
due. 

183.  Whenever  any  district  shall  order  and  authorize 
the  issue  of  bonds,  for  the  purpose  aforesaid,  it  shall  be 
the  duty  of  the  district  clerk  of  such  district,  each  and 


SCHOOL    LAW.  .  65 


every  year,  to  issue  the  warrant  of  the  district,  signed 
by  the  trustees,  and  attested  by  the  clerk  under  the  seal 
of  the  district,  to  the  assessor  or  assessors  of  the  town- 
ship or  townships  in  which  such  district  is  situate, 
directing  him  to  assess  upon  the  inhabitants  of  said  school 
district,  and  their  estates  and  the  taxable  property 
therein,  an  amount  sufficient  to  pay  the  bond  or  bonds 
of  the  district  maturing  in  such  year,  together  with  the 
interest  accruing  upon  the  whole  issue  of  the  unpaid 
bonds  of  such  district,  which  warrant,  so  issued  as  afore- 
said, shall  be  executed  in  the  same  way  and  manner  as 
is  provided  by  the  eighty-sixth  section  of  this  act. 

184.  Whenever  any  bonds  shall   have  been  legally  Renewal  of 

J  t  O        J    school  bonds. 

issued  for  the  purpose  of  purchasing  land  and  building  £^-  ****•  ?  t 
school  houses  by  any  school  district  in  this  state,  under 
authority  of  law,  or  any  renewal  or  renewals  thereof, 
and  the  same  shall  be  due  or  unpaid  or  outstanding,  and 
whenever  it  may  be  desirable  for  the  interests  of  the 
district  that  the  same  or  any  part  thereof  should  be  re- 
newed by  the  execution  of  new  bonds,  the  trustees  or  a 
majority  of  them  of  such  district  are  hereby  empowered 
to  renew  such  outstanding  bonds  or  any  part  thereof  by 
the  issuing  of  new  bonds  for  that  purpose  in  the  name 
and  under  the  seal  of  said  district;  provided  such  renewal 
issue  shall  be  authorized  by  said  district  at  a  meeting 
specially  called  to  vote  thereon,  and  such  bonds  shall 
be  in  the  general  form  and  manner  of  the  bonds  hereto- 
fore issued,  signed  by  the  trustees  of  said  district  or  a 
majority  of  them,  and  attested  by  the  clerk  of  the  said 
district,  which  bonds  shall  be  made  payable  at  periods 
of  time  not  exceeding  fifteen  years  from  the  date  of 
issuing  the  same,  and  they  shall  bear  interest  at  a  rate 
not  exceeding  six  per  centum  per  annum  and  be  issued  Rate  of  interest. 
in  such  sums  of  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars,  as  the  said  trustees 
may  determine,  and  which  bonds  shall  have  coupons 
attached  for  current  payment  of  interest,  which  coupons 
shall  be  attested  by  the  clerk  of  the  district  and  bear  its 
seal  and  shall  be  numbered  to  correspond  with  the  bond 
5 


SCHOOL    LAW. 


Bonds  a  lien  on 
districts. 
Ibid.  §  2. 


Proviso. 


Notice  to 
Assessor. 
Ibid.  §  3. 


to  which  they  shall  be  respectively  attached ;  and  any 
bonds  so  issued  shall  be  numbered  and  a  proper  registry 
thereof  be  kept  by  the  said  clerk ;  and  such  bonds  may 
be  sold  at  public  or  private  sale  for  the  best  attainable 
price,  but  not  less  than  par,  and  the  money  so  realized 
shall  be  at  once  applied  to  the  taking  up  and  cancella- 
tion of  such  outstanding  bonds ;  or  said  renewal  bonds 
may  be  exchanged  on  an  equal  basis  of  principal  and 
interest  for  such  outstanding  bonds  ;  and  the  said  bonds 
so  redeemed  shall  be  forthwith  cancelled  by  the  said 
trustees. 

185.  The  bonds  of  the  several  school  districts  of  this 
state,  so  issued  to  renew  bonds  heretofore  or  hereafter 
legally  issued  for  the  purpose  of  purchasing  land  and 
building  school-houses,  shall  be  a  lien  upon  the  real  and 
personal  estates  of  the  inhabitants  of  the  said  districts 
as  well  as  the  property  of  the  said  districts ;  and  the 
property  of  the  inhabitants  as  well  as  the  property  of 
the  districts  shall  be  liable  for  the  payment  of  the  same ; 
provided,  that  in  all  cases  copies  of  all  resolutions,  papers 
and  proceedings  authorizing  the  issuing  of  such  bonds 
shall  be  submitted  to  the  attorney-general  for  his  ap- 
proval of  the  legality  of  the  same,  who  shall  receive 
such  compensation  for  the  examination  thereof  as  shall 
be  fixed  by  the  trustees  for  the  support  of  public  schools, 
which  sum  shall  be  paid  by  the  districts  issuing  such 
bonds. 

186.  Whenever  any  district  shall  order  and  authorize 
the  issue  of  bonds  for  the  purpose  aforesaid,  it  shall  be 
the  duty  of  the  district  clerk  of  such  district,  each  and 
every  year. next  before  any  such  bond  shall  mature,  to 
issue  the  warrant  of  the  district,  signed  by  the  trustees 
and  attested  by  the  clerk  under  the  seal  of  the  district, 
to  the  assessor  or  assessors  of  the  township  or  town- 
ships in  which  such  district  is  situate,  directing  him  or 
them  to  assess  upon  the  inhabitants  of  said  school  dis- 
trict, and  their  estates  and  the  taxable  property  therein, 
an  amount  sufficient  to'  pay  the  bond  or  bonds  of  the 
district  then  next  maturing,  together  with  the  interest 


SCHOOL  LAW.  67 


accruing  upon  the  whole  issue  of  the  unpaid  bonds  of 
such  district,  which  warrant  so  issued  as  aforesaid  shall 
be  duly  executed  by  him  and  the  moneys  be  assessed, 
levied  and  collected ;  and  the  collector  shall  pay  over, 
on  the  written  order  of  the  district  clerk  of  said  district, 
all  moneys  so  collected  by  him. 

187.  On  the  taking  up  of  such  outstanding  bonds,  or 
on  the  payment  of  any  bonds  of  any  school  district,  now  Ibid 
issued  or  hereafter  to  be  issued,  the  trustees  of  the  dis- 
trict shall  forthwith  stamp  and  mark  the  same  as  can- 
celed ;  and  when  so  marked  and  canceled  they  shall  be 
deposited  in  the  office  of  the  state  superintendent  of 
public  instruction. 

188.  The  treasurer  of  this  state,  under  the  direction 

of  the  trustees  for  the  support  of  public  schools,  is  au-  j^yy bonds 
thorized  to  invest  the  funds  for  the  support  of  public 
schools  in  this  state  in  such  renewed  bonds  of  the  sev- 
eral school  districts  of  this  state,'Or  to  exchange  there- 
for other  bonds  of  the  same  district. 


SURPLUS  REVENUE. 


189.  The  several  townships  in  this  state  are  authorized  interest  on  sur 

.  f,  plus  revenue 

and  required  to  appropriate  the  interest  of  the  surplus  JJ^JpriJted 
revenue  received  by  them,  and  from  other  funds  not  £^p  l867' 
raised  by  tax,  such  sums  for  the  support  of  the  public  CLXXIX,  §  77 
schools  as  they  shall  order  and  direct  at  their  annual 
town  meetings,  in  addition  to  the  amount  received  from 
the  state  appropriation  and  the  amount  which  they  raise 
by  tax. 

SCHOOL  LIBRARIES. 

190.  The  treasurer  of  the  school  fund,  upon  the  order  Library  appro- 

P'iation. 


of  the  state  superintendent  of  education,  is  hereby  au-  P.  L.  1878, 

_  _  L/nap.  CCXLII 

thorized  and  directed  to  pay  over  the  sum  of  twenty  |/-L  igg 
dollars  out  of  the  income  of  the  school  fund,  to  every  pap.  CLXIV, 

»    g  i,  div.  vn. 

public  school  for  which  therp  shall  hare  been  raised  by 
subscription  or  entertainment  a  like  sum  for  the  same 


68 


SCHOOL    LAW. 


Districts  havin 
more  than  one 
building  may 
consolidate 
library. 
P.  L.  189:, 
Chap.  CXCI,§ 


Selection  of 

books. 

P.  L.  1871, 

Chap.  DLVI, 

Rules. 
Ibid.  I  2. 


Teachers' 
library,  appro- 
priation for. 
ij    L.  18131, 
Chap.  LXIX, 


Rules. 
Ibid.  2 


purpose,  to  establish  in  such  school  a  school  library,  and 
to  procure  philosophical  and  chemical  apparatus;  and 
the  further  sum  of  ten  dollars  annually,  upon  a  like 
order,  to  the  said  public  school,  upon  condition  that 
there  shall  have  been  raised  by  subscription  or  enter- 
tainment a  like  sum  for  such  year,  for  the  purposes 
aforesaid. 

191.  In  all  school  districts  where  there  are  more  than 
one  school-house,  it  shall  be  lawful  to  receive  from  the 
state  treasury,  as  in  said  bill  directed,  the  sum  prescribed 
to  be  paid  to  each  school-house,  and  that  such  district 
shall  have  power  to  consolidate  and  establish  a  library 
in  one  place  in  said  district  as  may  be  designated  by  the 
board  of  education  or  such  other  power  as  has  control 
of  the  public  schools  in  said  district. 

192.  The  selection  of  books  and  apparatus  shall  be 
approved  by  the  school  trustees  of  such  district. 

193.  The  school  trustees  of  each  district  shall  make 
proper  rules  and  regulations  for  the  management,  use 
and  safe  keeping  of  such  libraries. 

194.  Whenever  in  any  county  in  this  state  there  shall 
have  been  raised  by  subscription  a  sum  of  money  not 
less  than  one  hundred  dollars  for  the  establishment  of  a 
library  of  pedagogical  books  for  the  use  of  the  teachers 
of  public  schools  in  such  county,  the  treasurer  of  the 
school  fund,  upon  the  order  of  the  state  superintendent 
of  public  instruction,  is  hereby  authorized  and  directed 
to  pay  the  sum  of  one  hundred  dollars  out  of  the  income 
of  the  school  fund  to  the  county  superintendent  of  said 
county ;  and  the  further  sum  of  fifty  dollars  annually 
thereafter,  upos  a  like  order,  upon  conditions  that  there 
shall  have  been  raised  by  subscription  a  like  sum  for 
such  year  for  the  purpose  aforesaid. 

195.  The  county  superintendent,  and  three  teachers 
of  public  schools  in  such  county  appointed  by  him,  shall 
constitute  a  committee  for  the  selection  of  said  books 
and  the  necessary  apparatus,  and  the  making  of  rules 
and  regulations  for  the  management,  use  and  safe  keep- 
ing of  such  libraries. 


SCHOOL   LAW.  69 


ARBOR  DAY. 

196.  In  order  to  secure  the  cooperation  of  the  schools 

.      .  rr  ,1  •    •  tendent  to  issue 

in  carrying  into  enect  the  provisions  of  the  loint  reso-  circulars  of 

,,.  -i.  t  i          i  -i  information,  etc. 

lution  relative  to  the  annual  arbor  day,  it  shall  be  the  £haL  ^ 
duty  of  the  state  superintendent  of  public  instruction  to 
prepare  and  issue  such  circulars  of  information  and  in- 
struction as  may  be  necessary. 

197.  On  said  annual  arbor  day  appropriate  exercises  Exercises. 
shall  be  introduced  in  all  the  schools  of  the  state,  and  it 

shall  be  the  duty  of  the  several  county  and  city  superin- 
tendents to  prepare  a  programme  of  the  exercises  used 
on  such  day  in  all  the  schools  under  their  respective 
jurisdiction. 

COMPULSORY  EDUCATION. 

198.  All  parents  and  those  who  have  the  care  of  chil-  children  be- 

•t  tween  7  and  12 

dren,  shall  instruct  them  or  cause  them  to  be  instructed  JJSd1dS>ito 

in  spelling,  reading,  writing,  English  grammar,  geog-  pe^?8C5h  year' 

raphy  and  arithmetic,  and  every  parent,  guardian  or  f  J.ap  XVII> 

other  person  having  control  and  charge  of  any  child  or 

children,  between  the  ages  of  seven  and  twelve  years, 

shall  be  required  to  send  any  such  child  or  children  to 

public  day  school  for  a  period  of  at  least  twenty  weelss 

in  each  year,  eight  weeks,  at  least,  of  which  attendance 

shall  be  consecutive,  unless  such  child  or  children  are 

excused  from  such  attendance  by  the  board  of  the  school 

district  in  which  such  parents  or  guardians  reside,  upon 

its  being  shown  to  their  satisfaction  that  the  bodily  or 

mental  condition  of  such  child  or  children  has  been  such 

as  to  prevent  his,  her  or  their  attendance  at  school,  or 

that  such  child  or  children  are  taught  in  a  private  school 

or  at  home  by  some  qualified  person  or  persons  in  such 

branches  as  are  usually  taught  in  primary  schools. 

199.  No  child  under  the  age  of  fifteen  years  shall  be  ^ 
employed  by  any  person,  company  or  corporation  to 
labor  in  any  business  whatever,  unless  such  child  shall  Se 
have  attended  within  twelve  months  immediately  preced- 


70  SCHOOL    LAW. 


ing  such  employment  some  public  day  or  night  school, 
or  some  well  recognized  private  school ;  such  attend- 
ance to  be  for  five  days  or  evenings  every  week  during 
a  period  of  at  least  twelve  consecutive  weeks,  which 
may  be  divided  into  two  terms  of  six  consecutive  weeks 
each,  so  far  as  the  arrangement  of  school  terms  will 
permit,  and  unless  such  child  or  his  parents  or  guardians 
shall  have  complied  with  the  provisions  of  the  act  ap- 
proved March  fifth,  eighteen  hundred  and  eighty-three, 
limiting  the  employment  hours  of  the  labor  of  chil- 
dren. 

Parents  or  200.  Every  parent,  guardian  or  other  person  having 

compel  children    charge  or  control  of  any  child,  from  twelve  to  sixteen 

to  attend  school.  •* 

ibid,  g  3.  years  of  age,  who  has  been  temporarily  discharged  from 

employment  in  any  business  in  order  to  be  afforded  an 
opportunity  to  receive  instruction  or  schooling,  shall 
send  such  child  to  some  public  or  private  day  school  for 
the  period  for  which  such  child  shall  have  been  dis- 
charged, unless  such  child  shall  have  been  excused  from 
such  attendance  by  the  inspectors  of  factories  and  work- 

[See  sec.  198  ]  shops,  or  by  the  board  of  the  school  district,  for  reasons 
as  stated  in  section  one  hereof. 

Penalty  for  201.  In   case  any  parent,  guardian   or  other  person 

failure  to  t  om-  .  J     r  .    .  .     J 

ply  with  sections  ghall  fail  to  comply  with  the  provisions  of  sections  one 

198  and  200.  *    J 

ibid.  §4  and  three  of  this  act,  such  parent,  guardian  or  other 

person  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  on  conviction,  be  liable  to  a  fine  of  not  less  than 
ten  dollars  nor  more  than  twenty-five  dollars  for  each 
subsequent  offense,  or  to  imprisonment  for  not  less  than 
one  month  nor  more  than  three;  the  said  fines,  when 
paid,  to  be  added  to  the  public  school  money  of  said 
school  district  in  which  the  offense  occurred. 

juvenile  dis  202.  All   children    between   the   ages  of  seven   and 

orderly  persors.  .  -          , 

fifteen  years,  who  are  habitual  truants  from  school,  or 
who,  while  in  attendance  at  any  public  school,  are  in- 
corrigible, vicious  or  immoral  in  conduct,  and  all  chil- 
dren between  the  said  ages  who  absent  themselves 
habitually  from  school,  and  habitually  wander  about 
streets  and  public  places  during  school  hours,  having  no 


SCHOOL   LAW.  71 


business  or  lawful  occupation,  shall  be  deemed  juvenile 
disorderly  persons,  and  subject  to  the  provisions  of 
this  act. 

203.  In  all  cities  having  a  duly  organized  police  force,  Truant  officers. 
it  shall  be  the  duty  of  the  police  authority,  at  the  re- 
quest of  the  inspectors  of  factories  and  workshops,  or 

of  the  school  authority,  to  detail  one  or  more  members 
of  said  force  to  assist  in  the  enforcement  of  this  act, 
and  in  districts  having  no  regular  police  force,  subject 
to  this  act,  it  shall  be  the  duty  of  the  board  of  educa- 
tion, or  the  school  district  officers,  to  designate  one  or 
more  constables  of  said  city,  township  or  village,  whose 
duty  it  shall  be  to  assist  in  the  enforcement  of  this  act, 
as  occasion  may  require,  and  said  board  of  education 
shall  fix  and  determine  the  compensation  to  be  paid  compensation. 
said  police  officer  or  constable  for  the  performance  of 
his  duties  under  this  act ;  members  of  any  police  force 
or  any  constable  designated  to  assist  in  the  enforcement 
of  this  act,  as  provided  in  this  section,  shall  be  known 
as  truant  officers;  provided,  that  in  districts  where  no  Proviso. 
constable  resides  the  said  board  shall  have  power  to  ap- 
point some  other  suitable  person  as  truant  officer. 

204.  It  shall  be  the  duty  of  any  such  truant  officer  or  Duties  <£ 

»  *  truant  officers. 

officers  detailed  to  enforce  the  provisions  of  this  act,  to  Ibid-  2  7. 
examine  into  all  cases  of  truancy,  when  requested  so  to 
do  by  the  inspectors  of  factories  and  workshops,  or  by 
the  district  school  board,  and  to  warn  such  truants, 
their  parents  or  guardians,  in  writing,  of  the  final  con- 
sequences of  truancy,  if  persisted  in,  and  also  to  notify  Notify  parents 

A  J  r  J    or  guardians. 

the  parents,  guardian  or  other  person  having  the  legal 
charge  and  control  of  any  juvenile  disorderly  person, 
that  the  said  person  is  not  attending  any  school,  and  to 
require  said  parent,  guardian  or  other  person  to  cause 
the  said  child  to  attend  some  recognized  school  within 
five  days  from  said  notice;  and  it  shall  be  the  duty  of 
said  parent,  guardian  or  other  person  having  the  legal 
charge  and  control  of  said  child,  to  cause  the  attendance 
of  said  child  at  some  recognized  school ;  if  said  parent, 
guardian  or  other  person  having  the  legal  charge  and 


72 


SCHOOL   LAW. 


Penalty  to  be 
imposed  on 
parent  or 
guardian. 


If  parent  is  * 
unable  to  com- 
pel child  to 
attend  school, 
such  child  may 
be  sent  to 
reform  school. 


Proviso. 


Proviso. 


control  of  said  child  shall  wilfully  refuse,  fail  or  neglect 
to  cause  said  child  to  attend  some  recognized  school,  it 
shall  be  the  duty  ot  said  officer  to  make,  or  cause  to  be 
made,  a  complaint  against  said  parent,  guardian  or  other 
person  having  the  legal  charge  and  control  of  said  child, 
in  any  court  of  competent  jurisdiction  in  the  school  dis- 
trict in  which  the  offense  occurred,  for  such  refusal  or 
neglect,  and  upon  conviction  thereof  said  parent,  guar- 
dian or  other  person,  as  the  case  may  be,  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  dollars  nor  more  than 
twenty-five  dollars;  or  the  court  may,  in  its  discretion^ 
require  the  person  so  convicted  to  give  a  bond  in  the 
penal  sum  of  one  hundred  dollars,  with  one  or  more 
sureties,  to  be  approved  by  said  court,  conditioned  that 
said  person  so  convicted  shall  cause  the  child  or  children 
under  his  or  her  legal  charge  or  control  to  attend  some 
recognized  school  within  five  days  thereafter,  and  to 
remain  at  said  school  during  the  term  prescribed  by  law ; 
provided,  that  if  said  parent,  guardian  or  other  person  in 
charge  of  said  child  shall  prove  inability  to  cause  said 
child  to  attend  said  recognized  school,  then  said  parent1, 
guardian  or  other  person  shall  be  discharged,  and  said 
court  shall,  upon  complaint  of  said  truant  officer  or 
other  person,  that  said  child  is  a  juvenile  disorderly  per- 
son within  the  meaning  of  this  act,  then  said  court  shall 
thereupon  sentence  said  child  to  a  juvenile  reformatory 
until  such  child  shall  arrive  at  the  age  of  sixteen  yearsr 
unless  sooner  discharged  by  the  board  of  control  of  said 
juvenile  reformatory;  provided,  however,  that  such  sen- 
tence may  be  suspended,  in  the  discretion  of  said  court, 
for  such  time  as  the  child  shall  regularly  attend  school 
and  properly  deport  himself  or  herself ;  it  is  further  pro- 
vided, that  if,  for  any  cause,  the  parent  or  guardian  or 
other  person  having  charge  of  any  juvenile  disorderly 
person,  as  defined  in  this  act,  shall  fail  to  cause  such 
juvenile  disorderly  person  to  attend  said  recognized 
school,  then  complaint  against  such  juvenile  disorderly 
person  may  be  made,  heard,  tried  and  determined  in  the 
same  manner  as  is  provided  for  in  case  the  parent  pleads. 


SCHOOL   LAW.  73 


inability  to  cause  said  juvenile  disorderly  person  to 
attend  said  recognized  school  ;  and  it  is  further  provided, 
that  .no  child  under  the  age  of  nine  years  shall  be  sent 
to  a  juvenile  reformatory  under  the  provisions  of  this 
act. 

205.  It  shall  be  the  duty  of  the  officers  empowered,  ^ 
detailed  or  appointed  under  the  provisions  of  this  act  to 

assist  in  the  enforcement  thereof,  to  institute  or  cause  to  ™iating  this 
be  instituted,  proceedings  against  any  parent,  guardian  Ibid>  §  8- 
or  other  person  having  legal  charge  and  control  of  any 
child,  or  any  person,  company  or  corporation  violating 
any  of  the  provisions  of  the  sections  of  this  act  ;  provided,  Proviso. 
this  law  shall  not  be  operative  in  those  school  districts 
of  the  state  where  there  are  not  sufficient  accommoda- 
tions to  seat  the  children  compelled  to  attend  school 
under  the  provisions  of  this  act  ;  and  that  no  prosecution 
shall  be  instituted  against  any  parent,  guardian  or  child 
unless  they  have  received  due  notification  from  an  officer 
empowered  under  this  act  that  they  are  acting  in  viola- 
tion of  the  provisions  of  this  act. 

206.  When  there  is  not  within  the  distance  of  two  schools  other 
miles  from  the  factory  or  shop  in  which  a  child  under  «chooV  to  be 

r    f*r.,  -11  .1  •     approved  by  an 

the  age  of  fifteen  years  is  employed,  or  from  the  resi-  inspector. 
dence  of  the  child,  a  recognized  efficient  school,  attend- 
ance at  a  school  temporarily  approved  by  an  inspector 
of  factories  and  workshops,  shall,  for  the  purposes  of 
this  act,  be  deemed  attendance  at  a  recognized  efficient 
school,  and  the  inspector  of  factories  shall  immediately 
report  to  the  educational  department  every  case  of  the 
approval  of  a  school  by  him  under  this  section. 

207.  Two    weeks'   attendance   of    children   between  Attendance  at 

half-time 


twelve  and  fifteen  years  of  age,  at  a  recognized  half-time 
or  evening  school,  shall,  for  all  purposes  of  this  act,  t)e 
counted  as  one  week  at  a  day  school. 

208.  When  any  provisions  of  this  act  are  violated  by  corporations 

'    •*•  »     liable  for  viola- 

a  corporation,  proceedings  maybe  had  against  any  of  {^J3  ?f,  *hi9  act- 
the  officers  or  agents  of  said  corporation  who  in  any  way 
participate  in  or  are  cognizant  of  such  violation  by  the 
corporation  of  which  they  are  the  officers  or  agents,  and 


SCHOOL    LAW. 


said  officers  or  agents  shall  be  subject  to  the  same  pen- 
alties as  individuals  similarly  offending. 


Condemn  land. 
P.  L.  1888, 
Chap.  LIX,  I  2. 


Majority  of  tax- 
able voters  to 
vote  on  question 
of  condemnation . 


Trustees  may 

make  necessary 

surveys 

P.  L.  1880, 

Ch'p. 

CLVIII,§a. 


Supreme  Ccurt 
Justice  may 
appoint  com- 
missioners. 
Ibid.  §  3. 


CONDEMNATION  OF  LAND. 

209.  It  shall  be  lawful  for  any  school  district  of  this 
state  at  their  annual  meeting,  or  at  any  special  meeting 
called  for  that  purpose,  upon  legal  notice,  to  vote  and 
appropriate  money  for  the  purchase  or  acquirement  of 
lands  and  the  construction  of  a  school  house,  or  for  the 
purchase  or  acquirement  of  additional  lands  to  increase 
the  present  school  grounds  of  said  district,  at  such  place 
in  the  said  school  district  as  the  school  trustees  thereof 
may  designate,  and  for  that  purpose  the  said  school 
trustees  may  acquire  the  said  land  by  purchase  or  con- 
demnation; provided,  a  majority  of  the  taxable  voters  of 
said  school  district  shall  be  present  at  any  meeting  as 
aforesaid  and  shall  vote  on  any  proposition  presented  for 
the  condemnation  of  land ;  and  any  money  heretofore 
raised  by  tax  for  any  of  the  purposes  aforesaid  in  any 
school  district,  and  not  otherwise  appropriated  or  ex- 
pended, may  be  used  for  such  purpose  upon  the  order 
of  the  school  trustees  of  such  district. 

210.  It  shall  be  lawful  for  such  school  trustees  to  enter 
upon  any  lands  and  make  all  such  preliminary  examina- 
tions, explorations,  measurements  and  levelings  as  may 
be  necessary  and  proper  for  their  purposes,  doing  there- 
by as  little  damage  as  possible  to  the  owner  or  owners 
thereof. 

211.  In  case  said  school  trustees  cannot  agree  with  the 
owner  or  owners,  or  other  persons  interested  in  any  lands 
wljich  said  school  trustees  may  desire  to  take,  use  and 
occupy,  or  from  which  they  may  desire  to  take  or  divert, 
either  in  whole  or  in  part,  for  the  purposes  of  their  build- 
ing, or  cannot  agree  with  the  owner  or  owners  for  the 
whole  or  any  part  of  any  lands  as  to  the  amount  of  com- 
pensation to  be  paid  for  such,  taking,  use,  diversion  or 
occupation  or  interest,  it  shall  be  lawful  for  any  justice 
of  the  supreme  court  of  this  state,  upon  application  by 


SCHOOL   LAW.  75 


said  school  trustees,  and  upon  two  weeks'  previous  no- 
tice,  served  in  person,  or  by  leaving  at  the  dwelling-house 
or  usual  place  of  abode  of  such  owner  or  owners,  or,  in 
case  of  absence  from  the  state  or  legal  disability,  pub- 
lished in  a  newspaper  published  nearest  to  the  lands  in 
question,  to  appoint  three  disinterested  commissioners, 
residents  of  the  county  in  which  said  lands  are  situated, 
to  assess  and  ascertain  the  value  of  the  lands  so  proposed 
to  be  taken,  used  and  occupied,  which  commissioners 
shall  appoint  a  time  and  place  at  which  they  shall  meet 
to  execute  the  duties  of  their  appointment,  and  shall 
cause  two  weeks'  notice  thereof  to  be  given  to  the  parties 
interested  therein,  either  by  personal  service  or  by  pub- 
lication in  a  newspaper  published  in  the  county  where 
such  lands  may  be,  at  which  time  and  place  the  said 
commissioners  shall  meet  and  view  the  premises,  and 
hear  the  parties  interested,  and  take  evidence,  if  any  be 
offered,  and  for  that  purpose  shall  have  power  to  admin- 
ister oaths  or  affirmations,  and  to  adjourn  from  day  to 
day ;  and  in  case  of  the  refusal  or  failure  of  either  or  any 
of  said  commissioners  to  attend  and  perform  their  said 
duties,  the  said  judge  shall  have  power  to  appoint  an- 
other or  other  disinterested  person  or  persons  as  com- 
missioners to  act  in  the  place  of  such  absent  commis- 
sioner or  commissioners;  and  the  said  trustees  shall 
make  and  exhibit  to  the  said  commissioners  at  their 
meeting  aforesaid,  for  the  use  of  the  parties  interested, 
a  statement  and  description  in  writing,  or  by  drawings 
or  maps,  or  both,  of  the  lands  by  them  sought  to  be 
taken  or  diverted  as  aforesaid,  and  of  the  use,  occupa- 
tion of,  and  excavations  upon  any  lands  by  them  sought 
to  be  made ;  and  the  said  commissioners  shall  thereupon 
ascertain  and  assess  the  value  and  damages  aforesaid, 
and  shall  execute  under  their  hands  and  seals,  or  the 
hands  and  seals  of  a  majority  of  them,  an  award  to  said 
trustees  of  the  lands  by  them  sought  in  the  statements 
and  description  aforesaid,  stating  therein  the  amount  of 
damages  and  compensation  therefor  by  them  assessed  in 
favor  of  such  owner  or  owners,  which  award  shall  be  by 


76  SCHOOL   LAW. 


them  acknowledged  and  filed  in  the  county  clerk's  office, 
Proviso.  and  by  him  recorded ;  provided,  always,  that  if  any  real 

estate,  the  owner  or  owners  of  which  shall  not  have 
given  his,  her  or  their  consent  in  writing  to  the  diver- 
sion or  to  the  taking  of  said  land,  shall  not  have  been 
ascertained  and  paid  pursuant  to  the  directions  of  this 
act,  shall  be  injured  or  damaged  by  the  diversion  or 
diminution  of  any  said  land,  that  the  owner  or  owners 
thereof  may  have  and  maintain  his,  her  or  their  action 
to  recover  damages  for  such  injury  which  he,  she  or 
they  may  sustain  by  reason  of  anything  done  under  this 
act,  as  if  this  act  had  not  been  passed. 

land^ondemned       ^'  Before  taking  possession  of  any  such  lands,  or 
ibid.  §  4.  entering  thereon  for  the  purpose  of  making  any  exca- 

vation or  occupation  thereof,  or  taking  any  interest  in 
land  as  aforesaid,  the  said  trustees  shall  pay  or  tender 
to  such  owner  or  owners,  or,  in  case  of  absence  from 
the  state  or  legal  disability,  shall  deposit  with  the  clerk 
of  the  circuit  court  of  said  county  the  value  and  dam- 
ages so  awarded ;  and  the  award  of  said  commissioners 
and  the  payment  or  tender  or  deposit  as  aforesaid  of  the 
same,  shall  vest  in  said  corporation  the  lands  by  them 
sought,  described  and  set  forth  in  said  statement  and 
description,  in  all  respects  the  same  as  if  the  same  had 
been  conveyed  to  said  trustees  by  said  owner  or  owners 
under  their  hands  and  seals. 

-         213.  If  either  party  feel  aggrieved  by  said  assessment 
.  §  5.  and  award,  such  party  may  appeal  to  the  next  or  second 

term  of  the  circuit  court  of  said  county,  by  petition  and 
notice  thereof  served  upon  the  opposite  party  two  weeks 
prior  to  such  term,  or  published  a  like  space  in  a  news- 
paper published  nearest  the  lands  in  question,  which 
petition  and  notice  so  served  or  published  shall  vest  in 
said  courts  full  power  to  hear  and  determine  said  appeal, 
and  if  required,  they  shall  award  a  venire  for  a  jury  to 
come  before  them,  who  shall  hear  and  finally  determine 
the  issue  under  the  direction  of  the  court,  as  in  other 
trials  by  jury ;  and  it  shall  be  the  duty  of  the  said  jury 
to  assess  the  damages  to  the  said  lands  as  above  men- 


SCHOOL    LAW.  77 


tioned,  and  the  value  of  such  lands  as  shall  be  absolutely 
taken ;  and  said  court  shall  have  power  to  order  a  struck  Trial  by  jury. 
jury,  or  a  jury  of  view,  or  both,  to  try  any  such  appeal, 
and  also  to  order  any  jury  which  may  be  empaneled  and 
sworn  to  try  any  such  appeal,  to  view  the  premises  in 
question  during  said  trial ;  and  the  right  of  said  trustees 
to  appeal  from  and  dispute  the  correctness  of  any  award 
shall  not  be  waived  or  taken  away  by  the  paying  or 
tendering  the  amount  of  the  award  and  taking  posses- 
sion of  the  land,  or  exercising  the  rights  covered  by 
such  award ;  and  the  right  of  any  owner  of  any  such 
lands  or  rights  in  like  manner  to  appeal,  shall  not  be 
waived  or  lost  by  the  acceptance  of  the  amount  so 
awarded,  when  tendered ;  and  upon  the  final  determi- 
nation of  any  such  appeal,  the  said  court  shall  render 
such  judgment  in  favor  of  the  one  party  and  against 
the  other,  as  the  right  and  justice  of  the  case  shall  re- 
quire, and  shall  award  to  the  party  substantially  succeed- 
ing and  prevailing  in  said  appeal,  his,  her  or  their  costs 
of  said  appeal  against  the  opposite  party,  and  shall  have 
power  to  enforce  the  judgment  so  rendered  by  execu- 
tion, as  other  judgments  are  enforced,  and  also  by  sum- 
mary proceedings  and  attachments  for  non-payment 
thereof. 

214.  In  case  any  school  district  of  this  state  has  pur-  Proceedings  i 

.  case  title  to 

chased  any  lands  in  this  state,  or  may  hereafter  purchase  lands  is  defec- 
any  lands,  and  has  built,  or  may  hereafter  build  thereon, 
any  school  house  or  school  houses,  the  title  to  which  said 
lands  is  in  any  way  defective,  it  shall  and  may  be  lawful 
for  any  justice  of  the  supreme  court  of  this  state,  and  the 
said  justice  is  hereby  directed,  upon  application  by  the 
trustees  of  said  school  district,  upon  two  weeks'  previous 
notice,  served  in  person,  or  by  leaving  a  copy  thereof  at  Notice  to  o 
the  dwelling-house  or  usual  place  of  abode  of  the  owner 
or  owners  of  said  lands,  or  in  case  of  the  absence  from 
the  state  or  legal  disability  of  the  owner  or  owners,  then 
the  said  notice  shall  be  published  in  the  newspaper  pub- 
lished in  the  county  where  said  lands  are  situate,  for  two 
weeks  prior  to  the  time  fixed  for  such  application,  to  ap- 


78 


SCHOOL   LAW. 


Commissioners 
to  meet. 


Assess  value  of 
lands. 


point  three  disinterested  persons  commissioners,  which 
said  commissioners  shall  be  residents  of  the  county  where 
said  lands  are  situate,  to  condemn  and  assess  and  ascer- 
tain the  value  of  the  lands  so  purchased  as  aforesaid, 
which  commissioners  shall  appoint  a  time  and  place  at 
which  they  shall  meet  and  execute  the  duties  of  their 
appointment,  and  shall  cause  two  weeks'  notice  thereof 
to  be  given  to  the  owner  or  owners  thereof,  either  by 
personal  service  or  by  leaving  a  copy  thereof  at  the 
dwelling-house  or  usual  place  of  abode  of  said  owner  or 
owners,  or  in  case  of  the  absence  from  the  state  or  legal 
disability  of  said  owner  or  owners,  then  said  notice  shall 
be  published  in  a  newspaper  printed  in  the  county  where 
said  lands  are  situate,  for  two  weeks  prior  to  the  time 
of  such  meeting ;  at  which  time  and  place  the  said  com- 
missioners, or  any  two  of  them,  shall  meet  and  view  the 
premises  and  lands,  and  hear  all  the  parties  interested, 
and  take  evidence,  if  any  shall  be  offered,  and  for  that 
purpose  shall  have  power  to  administer  oaths  and  affir- 
mations, and  to  adjourn  from  time  to  time ;  and  the  said 
trustees  of  said  school  district  shall  make  and  exhibit  to 
the  said  commissioners  at  their  meeting  aforesaid,  a  de- 
scription of  said  lands  purchased  as  aforesaid,  either  in 
writing  or  by  maps  or  drawings  or  both ;  and  the  said 
commissioners,  or  any  two  of  them,  shall  thereupon  as- 
certain and  assess  the  value  of  said  lands,  and  shall  exe- 
cute under  their  hands  and  seals,  or  the  hands  and  seals 
of  any  two  of  them,  and  award  to  said  trustees  of  said 
school  district  of  the  lands  by  them  sought  in  the  de- 
scription aforesaid,  stating  therein  the  amount  of  com- 
pensation therefor  by  them  assessed  in  favor  of  said 
owner  or  owners,  and  a  description  of  the  said  lands, 
which  said  award  shall  be  acknowledged  by  the  com- 
missioners making  the  same  and  filed  in  the  clerk's 
office  of  the  county  ^here  said  lands  are  situate,  and 
recorded  by  the  said  clerk  in  the  same  manner  and 
in  the  same  books  that  deeds  tor  real  estate  are  now 
recorded. 


LAW.  79 


215.  When  the  said  commissioners,  or  any  two  of  JmountsSas-pay 
them,  shall  make  their  award  and  assess  the  value  of  ib1ded§2. 
the  lands  aforesaid,  that  it  shall  be  the  duty  of  the  trus- 
tees of  said  school  district  to  pay  to  the  owner  or  own- 
ers of  said  land  the  amount  so  assessed  by  the  said 
commisioners,  and  in  case  the  said  owner  or  owners 

refuse  to  receive  the  same,  or  reside  out  of  this  state,  or 
are  legally  disqualified,  or  cannot  be  found,  then  the 
said  trustees  shall  pay  the  said  amount  so  assessed  to 
the  clerk  of  the  circuit  court  of  the  county  where  said 
lands  are  situate. 

216.  The  award  of  the  commissioners  aforesaid,  or  Title  to  vest  in 

trustees 

any  two  of  them,  and  the  payment  of  the  money  so  Ibid  §3- 
assessed  as  aforesaid  by  the  trustees  of  said  school  dis- 
trict in  the  manner  aforesaid,  shall  vest  in  the  trustees 
of  said  school  district  the  lands  and  premises  described 
in  said  award,  the  same  estate  that  would  have  vested  in 
them  had  the  owner  or  owners  thereof  conveyed  the 
same  to  the  trustees  of  said  school  district  under  their 
hands  and  seals  in  fee  simple. 

217.  If  the  trustees  of  said  school   district  or  the 
owner  or  owners  of  said  lands  are  not  satisfied  with  the 
assessment  of  the  said  commissioners  of  the  amount  to. 
be  paid  to  the  owner  or  owners  of  said  lands,  then  and 
in  that  case  either  party  may  appeal  to  the  next  or 
second   term   thereafter  of    the    circuit  court   of   the 
county  where  said  lands  are  situate,  by  filing  a  petition 
with  the  clerk  of  said  circuit  court,  and  serving  a  notice 
of  such  appeal  upon  the  opposite  party,  three  weeks 
prior  to  such  term,  or  by  publication  in  a  newspaper 
printed  in  the  county  where  said  lands  are  situate  for 
four  weeks  prior  to  such  term ;  which  petition,  when 
filed,  and  the  notice  served  or  published  as  aforesaid, 
shall  vest  in  said  court  full  power  to  hear  and  deter- 
mine said  appeal. 

218.  In  all  cases  of  appeal  from  the  assessment  of  the 
commissioners  it  shall   and  may  be   lawful   for   either 
party  to  demand   and   have   a   trial  by  jury,  and   the 
assessment  of  the  court  or  jury  shall  be  final. 


80 


SCHOOL    LAW. 


Districts  may 
vote  money. 
Ibid.  '<  6. 


Condemnation 
of  land  for 
school  purposes 
in  cities. 
P.  L.  1889, 
Chap.  CXXVI, 


Appointment  of 
commissioners. 


Commissioners 
to  take  oath. 
Ibid.  \  2. 


219.  It  shall  and  may  be  lawful  for  any  school  district 
in  this  state,  at  their  annual  meeting,  to  vote  money  to 
carry  out  the  provisions  of  this  act.  as  money  is  now 
voted  for  said  school  district  under  any  existing  law. 

220.  Whenever,  in  the  judgment  of  the  board  or  body 
having  control  of  the  public  schools,  and  the  authority 
to   purchase   lands    therefor    in   any   of   the   cities   of 
this  state,  the  price  demanded  by  the  owners  of  any 
lands  or  real  estate  which  may  be  deemed  by  such  board 
or  body  necessary  for  the  use  of  the  public  schools  of 
any  such  city,  is  exorbitant  and  more  than  the  reason- 
able and  fair  market  value  thereof,  it  shall  and  may  be 
lawful  for  such  board  or  body,  with  the  concurrence  of 
the  common  council  (whenever  the  concurrence  of  the 
common  council  or  other  governing  body  is  necessary 
for  the  purchase  of  lands  for  public  school  purposes  in 
any  such  city),  to  .apply  to  a  judge  of  the  circuit  court 
in  and  for  the  county  in  which  such  city  is  located,  for 
the  appointment  of  three  commissioners  to  make   an 
appraisement  of  the  value  of  the  lands  and  of  the  dam- 
ages which  the  owner  or  owners  may  suffer  by  reason  of 
the  taking  and  condemnation  thereof;  such  application 
.shall  be  made  upon  petition,  setting  forth  that  the  said 

board  or  body  has  been  unable  to  agree  with  the  owners 
for  the  purchase  of  such  lands,  and  that  the  price  de- 
manded therefor  is,  in  the  judgment  of  the  said  board 
or  body,  exorbitant,  and  more  than  the  market  value 
thereof,  and  praying  the  same  may  be  condemned,  giv- 
ing in  the  said  petition  a  description  of  the  lands  which 
it  is  desired  shall  be  condemned  for  the  purposes  afore- 
said, and  thereupon  it  shall  be  the  duty  of  the  said  judge 
to  appoint  as  commissioners  three  suitable  persons  (who 
shall  be  freeholders  and  residents  in  the  county  within 
which  such  application  is  made),  to  make  an  appraise- 
ment of  the  value  of  the  lands  so  to  be  condemned,  and 
of  the  damages  which  the  owner  or  owners  of  such  lands 
may  suffer  by  reason  of  the  taking  thereof. 

221.  Such   commissioners   appointed  by  the   circuit 
court  having  taken  an  oath  faithfully  and  impartially  to 


SCHOOL    LAW.  81 


execute  the  duties  of  their  office,  shall  forthwith  pro- 
ceed to  estimate  and  determine  the  fair  value  of  the 
lands  and  real  estate  so  to  be  taken  and  condemned  as 
aforesaid,  and  of  the  damages  which  the  owner  or  own- 
ers thereof  will  suffer  by  reason  of  the  taking  thereof, 
first  having  given  at  least  ten  days'  notice  in  writing  to  Notice  to  owners 
the  said  owner  or  owners,  either  personally  or  by  leav- 
ing the  same  at  his  or  her  place  of  abode,  of  the  time 
and  place  when  and  where  they  may  be  heard  in  relation 
to  the  matter;  in  case  any  owner  shall  be  an  infant, 
married  woman,  non  compos  mentis  or  absent  from  the 
city  or  place  where  such  condemnation  proceedings  are 
taken,  or  be  from  any  cause  incapacitated  to  act  in  this 
behalf,  then  notice  of  the  time  and  place  and  object  of 
said  meeting  shall  be  advertised  or  other  notice  given,  JJjSKmen, 
as  the  judge  may  direct,  and  said  meeting  or  meetings 
may  be  adjourned  from  time  to  time  at  the  discretion 
of  said  commissioners,  and  as  soon  as  they  shall  have 
determined  upon  said  valuation  they  shall  make  and 
sign  a  certificate  thereof  and  file  the  same  in  the  office 
of  the  city  clerk  of  such  city,  or  at  such  other  place  as 
the  said  judge  may  direct;  and  immediately  upon  the  Payment  of 
payment  to  said  owner  or  owners  of  the  amount  of  the 
said  valuation,  or  in  case  he  or  they  will  not  or  cannot 
receive  the  same,  upon  deposit  of  the  same  in  such  bank 
or  institution  as  the  said  court  or  judge  may  direct,  the 
title  to  and  right  of  possession  of  such  property  shall 
immediately  become  vested  in  such  city  or  place ;  and 
any  owner  conceiving  himself  or  herself  aggrieved  by 
the  proceedings  of  said  commissioners,  may  appeal  APPeai  from 

J        rr        •  award  of  com- 

therefrom  to  the  supreme  court  of  this  state  at  any  time 
within  sixty  days  after  the  filing  of  said  certificate,  and 
the  said  court  shall  thereupon  order  a  trial  by  jury  to 
assess  the  value  of  the  said  property  and  the  said  dam- 
ages, which  trial  shall  be  conducted  in  all  respects  as  in 
other  cases  of  trial  by  jury,  and  the  final  judgment  of 
the  said  court  upon  the  verdict  rendered  therein  shall 
be  conclusive  upon  all  parties  as  to  the  said  valuation 
and  damages,  and  the  amount  already  paid  or  deposited 


SCHOOL    LAW. 


as  aforesaid  shall  be  increased  or  diminished  accord- 
ingly. 

222«  A11  titles  ^QU  *or  the  Purposes  mentioned  in 
ibid.  *  3.  this  act  sna;Q  ke  in  the  name  of  the  city  in  which  the 

said  lands  are  purchased  or  condemned  by  virtue  of  the 
provisions  of  this  act. 

SJTEion^  °f      223.  The  commissioners  so  to  be  appointed  by  the 
ibid.  §4.  sai(i  judge  of  the  circuit  court  shall  receive  such  com- 

pensation for  their  services  as  the  said  judge  shall 
order  and  direct,  and  the  same,  as  well  as  the  other 
expenses  incident  to  the  condemnation  proceedings, 
shall  be  paid  by  the  said  city  in  which  the  lands  are 
situate. 

EX  ensestobe  ^24.  Any  city  in  which  such  condemnation  proceed- 
ibid  ky5dty'  in£8  are  taken  shall  provide  the  necessary  funds  to  pay 
for  the  lands  so  condemed  and  the  damages  for  the 
taking  thereof,  and  such  other  expenses  as  may  be  inci- 
dental thereto,  and  for  this  purpose  shall  have  power  to 
raise  money  by  taxation. 

MANUAL  TRAINING. 
state  appropria-       225.  Whenever  any  board  of  school  trustees  or  board 

tion  for  manual  ,,,...,.  IT, 

training.  of  education  of  any  school  district  in  this  state  shall 

•p      T        TQQQ  ** 

chap.  '  certify  to  the  state  superintendent  of  public  instruction 
that  there  has  been  raised  by  special  district  school  tax, 
or  by  subscription,  or  both,, a  sum  of  money  not  less 
than  five  hundred  dollars  for  the  establishment  in  such 
district  of  a  school  or  schools  for  manual  training,  or  for 
the  purpose  ot  adding  manual  training  to  the  course  of 
study  now  pursued  in  the  school  or  schools  of  such  dis- 
trict, it  shall  be  the  duty  of  the  said  state  superintendent 
of  public  instruction,  with  the  approval  of  the  governor, 
to  draw  his  order  on  the  comptroller  and  in  favor  of 
said  district  for  a  sum  equal  to  that  contributed  by  said 
school  district  as  aforesaid  for  said  object;  and  when 
such  school  or  schools  shall  have  been  established,  or 
manual  training  shall  have  been  added  to  the  course  of 
study  in  any  district,  there  shall  be  annually  contributed 


SCHOOL    LAW.  83 


by  the  state,  in  manner  aforesaid,  for  the  maintenance 
thereof,  a  sum  of  money  equal  to  that  raised  each  year 
in  said  district  for  such  purpose;  provided,  that  the  Proviso. 
course  of  manual  training  established  or  introduced 
under  the  provisions  of  this  act  shall  be  approved  by  the 
state  board  of  education ;  provided  further,  that  the  Proviso 
moneys  appropriated  by  the  state  as  aforesaid  to  any 
school  district  shall  not  exceed  in  any  one  year  the  sum 
of  five  thousand  dollars,  and  that  all  payments  made  in 
pursuance  of  the  provisions  of  this  act  shall  be  paid  on 
the  warrant  of  the  comptroller  out  of  the  income  of  the 
school  fund. 

226.  The  trustees  of  any  school  district  in  this  state  Report  to  state 

»  superintendent. 

receiving  an  appropriation  under  the  provisions  of  this  Ibid  £ 2 
act  shall  annually,  on  or  before  the  first  day  of  Septem- 
ber, make  a  special  report  to  the  state  superintendent  of 
public  instruction  of  the  progress  of  manual  training  in 
such  district,  and  give  such  other  information  in  con- 
nection therewith  as  he  may  require. 

INDUSTRIAL  EDUCATION. 

227.  Whenever  any  board  of  education,  school  com-  state  appropna- 

*  tion  for  technical 

mittee,  or  other  like  body,  of  any  city,  town  or  town-  ph£ol^8l 
ship  in  this  state  shall  certify  to  the  governor  that  a  sum  cjap  cxLiv, 
of  money  not  less  than  three  thousand  dollars,  has 
been  contributed  by  voluntary  subscriptions  of  citizens, 
or  ortherwise  as  hereinafter  authorized,  for  the  estab- 
lishment in  any  such  city,  town  or  township,  of  a  school 
or  schools  for  industrial  education,  it  shall  be  the  duty 
of  the  said  governor  to  cause  to  be  drawn,  by  warrant 
of  the  comptroller,  approved  by  himself,  out  of  the 
income  of  the  school  fund,  an  amount  equal  to  that 
contributed  by  the  particular  locality  as  aforesaid  for  P^ 
the  said  object;  and  when  any  such  school  or  schools  ? *. 
shall  have  been  established  in  any  locality  as  aforesaid, 
there  shall  be  annually  contributed  by  the  state,  in 
manner  aforesaid,  for  the  maintenance  and  support 
thereof,  a  sum  of  money  equal  to  that  contributed  each 


84 


SCHOOL    LAW. 


Proviso. 


Money  to  be 
applied  under 
direction  of 
trustees. 
P.  L.  1881, 
Chap.  CXLIV, 
§2. 


Local  tax. 
Ibid:  I  3- 


Trustees. 
Ibid.  §  4. 


Powers. 


year  in  said  locality  for  such  purpose ;  provided,  however, 
that  the  moneys  contributed  by  the  state,  as  aforesaid, 
to  any  locality,  shall  not  exceed  in  any  one  year  the 
sum  of  five  thousand  dollars. 

228.  All  moneys  raised  and  contributed  as  aforesaid 
shall  be  applied  under  the  direction  of  a  board  of  trus- 
tees, organized  as  hereinafter  provided,  to  the  establish- 
ment and  support  of  schools  for  the  training  and  educa- 
tion of  pupils  in  industrial  pursuits  (including  agricul- 
ture), so  as  to  enable  them  to  perfect  themselves  in  the 
several  branches  of  industry  which   require   technical 
instruction. 

229.  Any  city,  town  or  township  shall  have  power  to 
appropriate  and  raise  by  tax  for  the  support  of  any  such 
school  therein,  such  sum  of  money  as  they  may  deem 
expedient  arid  just. 

230.  There  shall  be  a  board  of  trustees  of  each  of  such 
schools,  which  shall  consist  of  the  governor,  ex-officio,  who 
shall  be  president  thereof;  two  persons  selected  by  the 
state  board  of  education ;  two  by  citizens  and  associa- 
tions contributing ;  two  by  the  board  of  education,  school 
committee  or  other  like  body  of  the  locality  where  such 
school  is  established ;  and  one  by  the  common  council, 
township  committee  or  other  governing  body  thereof,  if 
such  city,  town  or  township  shall  contribute  to  the  main- 
tenance of  such  school ;  the  said  board  of  trustees  shall 
have  control  of  the  buildings  and  grounds  owned  and 
used  by  such  schools,  the  application  of  the  funds  for  the 
support  thereof,  the  regulation  of  the  tuition  fees,  the 
appointment  and  removal  of  teachers,  the  power  to  pre- 
scribe the  studies  and  exercises  of  the  school  and  rules 
for  its  management;  to  grant  certificates  of  graduation, 
to  .appoint  some  suitable  person  treasurer  of  the  board, 
and  to  frame  and  modify  at  pleasure  such  by-laws  as  they 
may  deem  necessary  for  their  own  government;  they 
shall  report  annually  to  the  state  and  local  boards  of 
education  their  own  doings  and  the  progress  and  condi- 
tion of  the  schools. 


SCHOOL    LAW.  85 


corpoerltbe°dies 


231.  The  board  of  trustees  of  schools  for  industrial 
education,  provided  for  and  organized  under  the  act  to 
which  this  is  a  supplement,  be  and  they  are  hereby 
created  a  body  corporate  under  the  name  and  style  of 

"  the  board  of  trustees  of  schools  for  industrial  educa-  [see  sec.  23o.] 
tion,"  with  the  right  of  perpetual  succession,  to  sue  and 
be  sued,  to  purchase,  lease  and  hold  personal  and  real 
property,  and  to  sell  and  mortgage  the  same,  and  with 
power  to  accept  donations  and  bequests  of  money  and 
property  to  be  used  for  the  purposes  for  which  said 
boards  are  constituted  and  organized. 

232.  The  said  trustees  shall  receive  no  compensation  p0™^!?011' 
for  their  services,  but  the  expenses  necessarily  incurred  Pap  CXLIV' 
by  them  in  the  discharge  of  their  duties  shall  be  paid  o^  CLXIV, 
out  of  the  'income  of  the  school  fund  upon  the  approval  §  If  dl1 

of  the  governor. 

233.  Whenever  in  any  school  district  there  shall  have  state  appropria- 

rf  tion  for  industrial 

been  raised  by  special  school  tax  or  by  subscription,  or  5,du£at;^g 
both,  a  sum  of  money  not  less  than  five  hundred  dollars,  ^a?  CXIV> 
for  the  establishment  in  such  district  of  a  school  or 
schools  for  industrial  education  or  for  the  purpose  of 
adding  industrial  education  to  the  course  of  study  now 
pursued  in  the  school  or  schools  of  such  district,  there 
shall  be  appropriated  by  the  state,  out  of  the  income  of 
the  school  fund,  an  amount  equal  to  that  appropriated 
by  the  district  as  aforesaid;  and  when  such  school  or 
schools  shall  have  been  established  in  any  district,  or 
said  industrial  education  has  been  introduced  into  the 
course  of  study  in  the  school  or  schools  of  any  district, 
there  shall  be  appropriated  by  the  state  for  the  mainten- 
ance and  support  thereof  a  sum  of  money  equal  to  that 
appropriated  £ach  year  by  the  district  for  such  purpose  ; 
provided,  that  the  moneys  appropriated  by  the  state  as  Proviso 
aforesaid  to  any  school  district  shall  not  exceed  in  any 
one  year  the  sum  of  five  thousand  dollars  ;  the  treasurer 
of  the  city  or  the  collector  of  the  township,  as  the  case 
may  be,  shall  be  the  legal  custodian  of  any  and  all  funds 
subscribed,  allotted  or  raised  for  the  purpose  of  carrying 
out  the  instruction  contemplated  by  this  act,  -and  he 


86 


SCHOOL    LAW. 


Proviso. 


Report  to  state 
superintendent. 
Ibid.  2. 


Who  may  be 
trustees 
Ibid.  j»  *. 


shall  keep  a  separate  and  distinct  account  thereof,  apart 
from  all  other  moneys  in  his  custody  whatsoever,  and 
shall  disburse  the  fund  on  the  properly  authenticated 
drafts  of  the  trustees  of  the  school  district,  or  other  per- 
sons or  board  having  charge  of  public  schools  in  such 
district;  any  unexpended  balance  to  the  credit  of  this 
fund  in  any  township  or  city  at  the  end  of  any  fiscal 
year,  shall  not  be  covered  into  the  treasury  of  the  city 
or  township,  but  shall  be  at  the  disposal  of  the  school 
trustees  or  other  persons  or  board  having  charge  of 
public  schools  in  the  district,  for  the  purpose  of  aiding 
industrial  education  in  the  succeeding  year  or  years; 
provided,  that  any  such  unexpended  balance  shall  not  be 
included  in  the  report  of  the  amount  raised  in  any  suc- 
ceeding year  for  the  purpose  of  procuring  state  funds 
as  above  provided. 

234.  The  trustees  or  other  persons  or  board  having 
charge  of  public  schools  of  any  district  in  [this]  state  re- 
ceiving an  appropriation  under  the  provisions  of  this  act 
shall  annually,  on  or  before  the  first  day  of  September, 
make  a  special  report  to  the  superintendent  of  public  in- 
struction of  the  progress  of  industrial  education  in  such 
district  and  such  other  information  in  connection  there- 
with as  he  may  require. 

235.  It  shall  be  lawful  for  the  trustees  or  other  persons 
or  board  having  charge  of  public  schools  of  any  school 
district  to  associate  with  themselves  in  the  management 
of  this  fund  a  number  of  citizens  not  exceeding  ten 
representing  the  donors,  in  case  the  sum  or  any  part 
thereof  necessary  to  obtain  the  state  appropriation  shall 
have  been  raised  by  private  subscription. 


CHILDREN  IN  FACTORIES. 


Ages  of  children       236.  No  boy  under  the  age  of  twelve  years,  nor  any 
p.  L°  Ss"'        girl  under  fourteen  years  of  age,  shall  be  employed  in 

Chap .  LVII,gi.   &  ,      ,      J  r,  ,1 

any  factory,  workshop,  mine  or  establishment  where  the 
manufacture  of  any  goods  whatever  is  carried  on. 


SCHOOL    LAW.  87 


237.  On  and  after  the  first  day  of  July,  one  thousand  ^ednreangebse;f 
eight  hundred  and  eighty-four,  no  child  between  the  fifteen  m^t 
ages  .of  twelve  and  fifteen  years  shall  be  employed  in  See^oy- 
any  factory,  workshop,  mine  or  establishment  where  Scntl 

the  manufacture  of  any  kinds  of  goods  whatever  is  car-  II 
ried  on,  unless  such  child  shall  have  attended,  within 
twelve  months  immediately  preceding  such  employment, 
some  public  day  or  night  school,  or  some  well  recog- 
nized private  school;  such  attendance  to  be  for  five 
days  or  evenings  every  week  during  a  period  of  at  least 
twelve  consecutive  weeks,  which  may  be  divided  into 
two  terms  of  six  consecutive  weeks  each,  so  far  as  the 
arrangement  of  school  terms  will  permit,  and  unless 
such  child,  or  his  parents  or  guardian  shall  have  pre- 
sented to  the  manufacturer,  merchant  or  other  employer 
seeking  to  employ  such  child,  a  certificate  giving  the 
name  of  his  parents  or  guardian,  the  name  and  number 
of  the  schools  attended,  and  the  number  of  weeks  in 
attendance,  such  certificate  to  be  signed  by  th,e  teacher 
or  teachers  of  such  child ;  provided,  that  in  case  the  age  Proviso. 
of  the  child  be  not  known,  such  teacher  shall  certify 
that  the  age  given  is  the  true  age,  to  the  best  of  his  or 
her  knowledge  and  belief;  provided,  that  in  case  of  Proviso. 
orphan  children,  where  necessity  may  seem  to  require, 
the  guardian  or  others  having  charge  of  the  same,  may, 
upon  application  to  the  inspector  provided  for  in  this 
act,  receive  from  him  a  permit  for  the  employment  of 
such  child  or  children,  under  such  regulations  as  the 
said  inspector  may  prescribe. 

238.  No  child  or  children  under  the  age  of  fourteen  children  under 

._-.  .  _.  _  ,      _  ...    fourteen  not  to  be 

years  shall  be  employed  in  any  factory,  workshop,  mill  employed  more 

,.  ,  ,   .       ,  than  ten  hours  a 

or  establishment  where  the  manufacture  of  any  kind  of  day.  ^ 
goods  is  carried  on,  for  a  longer  period  than  an  average 
of  ten  hours  in  a  day,  or  sixty  hours  in  week. 

239.  Every  manufacturer,  merchant  or  other  employer  Penalty  for  vio- 

.  .    .  >     ,  .      lationofact. 

employing  any  person  contrary  to  the  provisions  of  this  P  L-  1884, 
act,  or  who  shall  be  guilty  of  any  violation  hereof,  shall  cxJxyii,  §  5. 
be  liable  to  a  penalty  of  fifty  dollars  for  each  offense,  to 
be  recovered  in  an  action  of  debt  in  any  district  court 


88  SCHOOL    LAW. 


in  any  city,  or  before  any  justice  of  the  peace  having 
jurisdiction,  and  that  any  parent  or  guardian  who  know- 
ingly permits  the  employment  of  any  such  child  or 
children,  shall  be  liable  in  any  like  action  to  a  penalty 
of  not  more  than  fifty  dollars,  as  the  court  shall  fix ; 
that  such  'action  shall  be  prosecuted  in  the  name  of  the 
inspector;  the  trial  shall  proceed  as  other  actions  of 
debt,  and  the  first  process  shall  be  a  summons  return- 
able in  not  less  than  five  days  or  more  than  ten  after 
issue,  and  it  shall  not  be  necessary  to  indorse  the  same 
as  qui  tarn  actions,  the  finding  of  the  court  shall  be  that 
the  defendant  has  or  has  not,  as  the  case  may  be,  in- 
curred the  penalty  claimed  in  the  demand  of  the  plain- 
tiff, and  judgment  shall  be  given  accordingly;  in  case 
an  execution  shall  issue  and  be  returned  unsatisfied,  the 
court,  on  application,  after  notice  to  the  defendant,  may 
award  an  execution  to  take  the  body  of  the  defendant, 
and  in  case  such  defendant  is  committed  under  such  an 
execution,  he  shall  not  be  discharged  under  the  insolv- 
ent laws  of  the  state,  but  shall  only  be  discharged  by 
the  court  making  the  order  for  the  body  execution,  or 
one  of  the  justices  of  the  supreme  court,  when  such 
court  of  justice  shall  be  satisfied  that  further  confine- 
ment will  not  accomplish  the  payment  of  the  judgment 
and  costs ;  an  affidavit  of  the  age  of  any  minor,  made 
by  its  parent  or  guardian  at  the  time  of  its  employment, 
shall  be  conclusive  evidence  of  the  age  of  such  minor 
upon  any  trial  against  a  manufacturer  or  employer  for  a 
violation  of  this  act,  but  any  parent  or  guardian  that 
shall  knowingly  swear  falsely  in  such  affidavit  shall  be 
guilty  of  perjury,  and  the  inspector  or  deputy  inspector 
shall  be  authorized,  in  case  they  shall  find  any  minor 
employed  under  any  false  affidavit  given  as  aforesaid,  to 
order  and  compel  such  minor  to  desist  from  work ;  the 
provisions  of  this  act  in  relation  to  the  hours  of  employ- 
ment shall  not  apply  to  or  affect  any  person  engaged  in 
preserving  perishable  goods  in  fruit  canning  establish- 
ments. 

inspector  of  240.  The  governor  shall,  immediately  after  the  passage 

of  this  bill,  appoint,  with  the  advice  and  consent  of  the 


SCHOOL    LAW.  89 


senate,  some  suitable  person,  who  shall  be  a  resident 

and  citizen  of  this  state,  as  inspector,  at  a  salary  of  twelve  salary  and  term 

hundred  dollars  per  year,  to  be  paid  monthly,  whose 


term  of  office  shall  be  for  three  years  ;  the  said  inspector 
shall  be  empowered  to  visit  and  inspect,  at  all  reason- 
able hours,  and  as  often  as  practicable,  the  factories, 
workshops,  mines  and  other  establishments  in  the  state 
where  the  manufacture  or  sale  of  any  kind  of  goods  is 
carried  on,  and  to  report  to  the  governor  of  this  state 
on  or  before  the  thirty-first  day  of  October  in  each  year  ; 
it  shall  also  be  the  duty  of  said  inspector  to  enforce  the 
provisions  of  this  act,  and  prosecute  all  violations  of  the 
same  in  any  recorders'  courts  of  cities,  and  justices  of 
the  peace  or  other  courts  of  competent  jurisdiction  in 
the  state. 

241.  All  necessary  expenses  incurred  by  said  inspector  |x£enjg- 

in  the  discharge  of  his  duty  shall  be  paid  from  the  funds  g££XVII  g  6 
of  the  state,  upon  the  presentation  of  proper  vouchers 
of  the  same  ;  provided,  that  not  more  than  one  thousand 
dollars  shall  be  expended  by  him  in  any  one  year. 

242.  All  fines  collected  under  this  act  shall  enure  to  Fines. 

the  benefit  of  the  school  fund  of  the  district  where  the  chap  Life,  \  7. 
offense  has  been  committed. 


AGRICULTURAL  COLLEGE. 

243.  It  shall  be  the  duty  of  the  county  superintendent,  ^ 
at  such  time  and  place  as  the  state  superintendent  may 
appoint,  to  examine  such  candidates  for  state  scholar-  ^  l867> 
ships  at  the  agricultural  college  as  may  present  them-  cLxxix,§27. 
selves,  and  the  candidates  shall  be  subjected  to  such 
examination  as  the  faculty  of  the  said  college  and  the 
state  superintendent  shall  prescribe ;  and  the  candidates 
who  shall  receive  certificates  of  appointment  to  the 
agricultural  college  in  any  one  county  shall  be  those 
who  obtain,  on  such  examination,  the  highest  average 
for  scholarship;  and  the  number  of  certificates  thus 


90 


SCHOOL    LAW. 


Additional  free 
scholarships 
P.  L.  1890, 
Chap   CVIII, 


Students  from 
each  assembly 
district. 


granted  shall  in  no  case  exceed   the  number  of  state 
scholarships  to  which  such  county  is  entitled.* 

244.  In  order  that  students  in  all  schools  in  all  parts 
of  the  state  may  receive  the  stimulus  afforded  by  the 
opportunity  to  pursue  the  courses  of  study  in  the  state 
agricultural  college,  and  in  order  to  enable  said  state 
agricultural  college  to  furnish  instruction  gratuitously 
to  students,  residents  of  this  state,  in  its  several  courses 
of  study,  as  special  courses  of  advanced  study  in  the 
public  school  system  of  this  state,  there  shall  be  sent 
to  the  said  college  students  to  the  number  of  one  each 
year  from  each   assembly  district  in  this  state,  to  be 
selected  and  designated   as  hereinafter  provided,  who 
shall  receive  gratuitous  instruction  in  any  or  all  of  the 
prescribed  branches  of  study  in  any  of  the  courses  of 
study  of  said  state  college,  under  the  general  powers  of 
supervision    and   control    possessed    by   the   board    of 
visitors  of  said  state  college ;  said  students  so  received 
shall  be  residents  of  this  state  and  shall  be  admitted 
into  said  state  college  upon  the  terms  and  subject  to 
the  rules  and   discipline   which  shall  apply  to  all  the 
free  students  of  said  state  college,  and  if  there  should 
be  more  than  one  suitably  prepared  applicant  from  the 
same  assembly  district  in  the  same  year,  such  additional 
applicant  may,  in  the  discretion  of  the  board  of  visitors 
of  the  said  state  agricultural  college,  be  received  upon 

students  may  be  any  vacant  scholarships  of  any  other  assembly  districts 
until  such  district  sha,ll  require  such  scholarships,  after 
notice  has  been  served  upon  the  superintendent  of  edu- 
cation of  the  county  in  which  such  vacant  assembly  dis- 
tricts are  situated. 

245.  Said   students  shall   be   selected  as   follows:  a 
competitive  examination  under  the  direction  of  the  city 
superintendents  and  the  county  superintendent  of  edu- 
cation in  each  county,  shall  be  held  at  the  county  court 
house  in  each  county  of  the  state,  upon  the  first  Satur- 
day in  June  in  each  year,  and  the  necessary  traveling 


received  on 
vacant  scholar- 
ships. 


Examination  for 
scholarships. 
Ibid   •',  2. 


*  Each  county  is  entitled  to  as  many  students  as  it  has  representatives  in  the  Legisla- 
ture.    P.  L   1864,  Chap.  CCCLXIX,  \  10. 


SCHOOL    LAW.  91 


expenses  of  said  examiners,  not  otherwise  provided  for 
by  law,  on  the  approval  of  the  president  and  secretary 
of  the  board  of  visitors  of  said  state  agricultural  college, 
shall  be  paid  by  said  state  college ;  students  who  apply 
for  examination  shall  be  examined  upon  such  subjects 
as  may  be  designated  by  the  faculty  of  said  college,  and 
the  state  board  of  education,  and  the  said  city  and 
county  superintendents  shall  report  to  the  president  of 
said  college  and  the  state  superintendent  of  public  in- 
struction the  names  of  all  such  students  examined  as  in 
their  opinion  are  suitably  prepared  to  enter  said  college, 
with  their  estimate  of  the  order  of  excellence  in  scholar- 
ship shown  by  said  students  at  such  preliminary  ex- 
amination; certificates  of  appointment  to  the  state  agri-  ^ 
cultural  college  shall  be  issued  by  the  state  superin- 
tendent of  public  instruction  to  all  such  students  as  are 
so  found  to  be  qualified  to  enter  said  college,  and  in 
case  the  vacant  scholarships  shall  not  be  sufficient  to 
receive  all  such  successful  candidates,  preference  to  ap- 
pointing to  vacant  scholarships  shall  be  given  to  suc- 
cessful candidates  in  the  order  of  the  excellence  of  their 
examination  as  certified  by  said  superintendents,  and  in 
general  the  regulations  and  provisions  governing  the 
conduct  of  such  examinations  and  the  appointment  of 
said  students  to  said  scholarships  shall  be  subject  to  the 
control  of  said  board  of  visitors  of  said  college. 

246.  Each  student  so  appointed  and  admitted  to  said  students  ap. 

J--A  pointed  to  hold 

college  shall  be  regarded  as  holding  a  state  scholarship,  state  scholar- 

and  for  each  scholarship  so  held  there  shall  be  paid  as  Ibid  §  3 

hereinafter  provided,  on  the  first  day  of  November  in 

each  year,  to  the  treasurer  of  said  college,  the  same  sum 

of  money  as  the  said  college  is  entitled  to  receive  for  Appropriation 

•*  from  income  of 

each  scholarship  established  in  said  college  under  the  state  sch°o1  iund- 
existing  state  agricultural  college  fund ;  provided,  that  Proviso 
such  payment  shall  be  made  only  out  of  the  income  of 
the  fund  for  the  support  of  public  free  schools  remain- 
ing after  appropriations  heretofore  made  payable  out  of 
said  income  are  met. 


92  SCHOOL    LAW. 


certify  to  ascertain  the  number  of  scholarships 

smdents°f         ^or  whick  payment  shall  be  made  as  aforesaid,  the  presi- 
ibid.  1 4.  dent  of  said  college  shall,  in  the  month  of  October,  in 

each  year,  make  his  certificate  in  writing,  setting  forth 
the  names  of  the  students  so  as  aforesaid  appointed  and 
then  in  attendance  at  said  college,  the  assembly  districts 
from  which  they  were  appointed  and  the  classes  in  col- 
lege in  which  they  belong,  or  the  special  courses  of 
study  which  they  are  pursuing,  which  certificate,  when 
approved  by  the  president  of  the  board  of  visitors  of  the 
state  agricultural  college,  shall  be  plenary  evidence  of 
the  number  of  scholarships  for  which  payment  shall  be 
certificate  filed  made,  and  on  filing  the  same  with  the  comptroller  of 

with  state  comp-  ° 

the  state  he  shall  draw  his  warrant  upon  the  treasurer 
of  the  school  fund  for  the  sum  of  money  to  which  the 
said  college  may  accordingly  be  entitled,  and  the  said 
treasurer  shall  thereupon  pay  the  same  as  aforesaid. 


CITIES. 
Census  of  school      248.  From  and  after  the  passage  of  this  act,  in  all  cities 

children  in  cities         ,  .  , 

p.  L.  1880,        wherein  there  now  are,  or   may  hereafter  be,  school 

cxxxv,  1 1.  boards,  boards'of  education,  or  boards  of  school  trustees, 
the  enumeration  and  census  of  the  children  of  school 
age  in  such  cities  shall  be  made  and  taken  annually,  on 
or  before  the  first  day  of  June,  by  the  clerk  or  secretary 
of  said  boards,  or  by  such  other  person  or  persons  as 
may  be  appointed  by  said  boards  for  such  purposes,  and 
a  report  thereof,  duly  attested  by  affidavit  as  correct, 
filed  with  the  board  of  education  or  school  trustees,  who 
shall  procure  the  same  to  be  reported  to  the  county 
superintendents  of  their  respective  counties. 

census,  how  249.  The  enumeration  and  census  so  as  aforesaid 

made  and  taken,  shall  contain  the  name  in  full  and  age 
of  each  child  and  the  names  and  residences  of  their 
parents,  and  the  person  or  persons  making  the  said  cen- 
sus and  reporting  the  same  shall  be  entitled  to  such 

Fee  for  each       price,  not  less  than  three  nor  more  than  five  cents,  as 

name.  * 

may  be  fixed  by  the  said  school  boards. 


SCHOOL  LAW.  93 


250.  In  any  city  in  this  state  where  the  board  of  edu- 
cation  is  authorized  by  law  to  determine  the  amount 
required  for  the  current  expenses  of  such  board,  without 

the  concurrence  of  any  other  board,  it  shall  be  lawful  CLXXIX.SI 
for  such  board  of  education  to  incur  expenditures  for 
such  purposes  in  excess  of  and  beyond  any  limit  now 
fixed  by  law ;  provided,  that  such  expenditures  shall  not  Proviso 
exceed  in  any  one  year,  the  average  enrollment  of  pupils 
in  the  public  schools  in  such  city  during  the  next  preced- 
ing year ;  provided,  that  this  act  shall  not  be  construed  Proviso, 
so  as  to  decrease  the  limit  of  expenditure  for  the  pur- 
poses aforesaid  in  any  city  where  by  present  law  the 
limit  is  more  than  fifteen  dollars  or  where  there  is  no 
limit. 

251.  It  shall  be  lawful  for  the  board  of  education  of  May  appropriate 

money  for  cur- 

any  city,  with  the  concurrence  of  the  board  of  aldermen  rent  expenses 

J          J  J  .for  buildings,  &c. 

or  other  body  having  charge  of  the  finances  of  such  city,  Ibid  § 2- 
to  appropriate  and  expend  such  sum  and  sums  of  money 
as  in  the  judgment  of  such  boards  shall  be  needed  from 
time  to  time  for  the  current  expenses  of  the  public 
schools  of  such  city,  or  for  the  improving  or  increasing 
the  school  accommodations  of  such  city,  by  the  erection 
or  alteration  of  school  houses  or  otherwise,  in  excess  of 
and  notwithstanding  any  limitation  upon  any  such  ex- 
penditure in  this  or  any  other  law  of  this  state,  general, 
special  or  local  contained. 

252.  It  shall  be  lawful  for  any  city  in  this  state  to  Limit  of  exPe»- 

*  ditures  in  cities. 

raise,  by  taxation,  and  expend  for  the  purposes  of  cur-  P^L-  ^se. 

rent  expenses  of  the  department  of  public  instruction  CLXXII,§I. 

for  any  fiscal  year,  an  amount  which,  together  with  the 

state  appropriation  for  schools,  shall  equal  fifteen  dollars 

per  scholar  on  the  average  number  reported  as  enrolled 

in  the  public  schools  of  such  city  in  the  last  preceding 

year ;  provided,  that  this  act  shall  not  -be  construed  so  as  pr 

to  decrease  the  limit  of  expenditure  for  the  purposes 

aforesaid  in  any  city  where  by  present  law  the  limit  is 

more  than  fifteen  dollars  or  where  there  is  no  limit. 

253.  The  municipal  board  in  any  city  authorized  to 
determine  annually  what  amount  of  tax  shall  be  re- 


94  SCHOOL    LAW. 


p.  L.  i8.85^xn  quired  for  school  purposes,  shall  have  power  to  deter- 
'  mine  an  amount  not  to  exceed  one-half  of  one  per  cent, 
of  the  taxable  valuation  of  the  real  and  personal  prop- 
erty in  any  city,  in  addition  to  the  state  school  tax 
,  levied  for  that  year ;  and  such  amount  of  tax  so  deter- 
mined shall  be  assessed  and  collected  at  the  same  time 
and  in  the  same  manner  with  the  taxes  of  the  city 

Proviso.  assessed  and  collected  for  other  city  purposes ;  provided, 

that  this  act  shall  not  take  away  from  any  city  any 
power  now  existing  to  raise  a  larger  amount  of  taxes 

Proviso.  for  school  purposes;  and  further  provided,  that  this  act 

shall  not  take  effect  in  any  city  until  the  same  shall 
have  been  first  submitted  to  a  vote  of  the  qualified 
voters  at  any  annual  municipal  election,  and  shall  have 
received  the  approval  of  a  majority  of  those  voting  at 
such  election. 

Repeater.  254.  All  special  charters  and  acts  limiting  the  amount 

to  be  raised  for  school  taxes  in  any  such  city,  and  all 
other  acts  or  parts  of  acts  inconsistent  herewith  be  and 
the  same  are  hereby  repealed. 

Special  city  255.  The  amount  of  money  raised  in  any  one  year  by 

school  tax  not  to  11 

exceed  amount    tax  in  any  city,  by  order  of  the  board  of  aldermen,  for 

received  from  *  ^  '      •* 

P&L'  is  s         ^e  current  expenses  of  public  schools,  shall  not  be 
cxxxiv  i  ii    greater  than  the  entire  amount  received  from  the  state 

for  school  purposes  during  the  preceding  fiscal  year; 
Proviso.  provided,  that  a  special  additional  appropriation  may  be 

made  at  any  time  by  a  three-fourths  vote  of  all  the 

members  of  the  board  of  aldermen. 
Boards  of  edu         256.  It  shall  be  lawful  for  any  board  of  education  of 

cation  may  .  _         .  _  . 

modify  appro      any  incorporated  city  of  this  state,  from  time  to  time,  to 
modify  the  several  appropriations  made  by  the  board,  to 

I i-  be  expended  under  the  direction  of  its  several  commit- 

tees  during  any  fiscal  year ;  provided,  however,  that  said 
modifications  shall  not  authorize  any  expenditure  in  ex- 
cess of  the  sum  appropriated  for  the  current  expenses  of 
the  department  of  public  instruction  at  the  time  when 
8UCh  appropriation  shall  have  been  originally  made. 

257.  The  amount  appropriated  by  the  board  of  alder- 
men  or  other  body  charged  with  the  duty  of  making 


SCHOOL  LAW.  95 


appropriations  for  defraying  the  current  expenses  of  the 
department  of  public  instruction  of  any  city  of  this  state, 
for  each  successive  year,  shall  thereby  become  appro- 
priated to  defray  such  current  expenses  and  shall  be 
used  for  no  other  purpose  whatever. 

258.  Whenever  it  has  become  or  may  become  neces- 

sary  in  any  of  the  cities  of  this  state  to  use  the  whole  or  porar°y?o?nsterr 
any  part  of  the  appropriation  annually  made  by  the  state  chap.1 
for  the  support  of  public  schools  therein,  before  the 
same  has  been  actually  paid  over  by  the  state  to  such 
city,  it  shall  and  may  be  lawful  for  such  city  to  borrow, 
on  temporary  loans,  in  anticipation  of  such  receipt,  the 
whole  or  any  part  thereof;  provided,  the  amount  so  bor-  Proviso. 
rowed  shall  not  exceed  in  any  one  year  the  amount  so 
apportioned. 

259.  It  shall  be  the  duty  of  such  city  to  pay  off  and  tpe^7r^y°[oans. 
discharge  all  such  loans  outstanding  when  such  money  Ibi(^  '*• 2- 

so  anticipated  is  received. 

260.  Whenever  in  the  opinion  of  the  board  of  educa- 
tion  of  any  city  in  this  state,  it  shall  become  necessary 
for   the   proper   maintenance   and   continuance  of  the 
schools  in  such  city,  to  use  and  expend   the   money  ^ap  XXIV> 
appropriated  by  the  state  for  school  purposes,  it  shall  be 

lawful  for  the  said  board  to  use  and  expend  the  same  at 
any  time  during  the  calendar  year,  and  without  regard 
to  the  state  school  year ;  provided,  that  the  said  board  Proviso. 
shall  not  use  or  expend  the  same  for  any  purpose  incon- 
sistent with  or  other  than  those  specified  in  the  act  to 
which  this  is  a  supplement. 

261.  Boards  of  education  now  prohibited  by  law  from  ^^^f 
purchasing  any  article  necessary  for  the  schools  under  f^'j^f 
their  control  without  advertising  for  the  same,  are  here-  LXXXVI  g  i 
by  authorized  to  purchase,  without  advertising,  to  the 

extent  of  twenty-five  dollars  for  any  one  article;  provided,  Proviso, 
the  -same  be  sanctioned  by  a  majority  of  the  board. 

262.  In  addition  to  its  yearly  appropriations  for  school  £?Sfriandns 
purposes,  it  shall  be  lawful  for  the  body  having  control  J^geSt  children 
of  the  finances  of  any  city  in  this  state  to  raise,  in  its  5?.  ilTsss, 
annual  tax  levy,  a  sum  of  money  not  exceeding  one  thou-  fi.ap  c 


96 


SCHOOL   LAW. 


Proviso. 


Salary  of  presi- 
dent of  boards 
of  education. 
P.  L.  1880. 
Chap.  CCVII, 


Superintendents 
in  cities  of  the 
second  class. 
P.  L.  1891, 
Chap.  XXVI, 
I*. 


Term  of  office. 
Ibid.  #  2. 


Term  of  office  of 
members  of 
boards  of  educa- 
tion in  cities  of 
third  class. 
P.  L.  1883, 
Chap.  XXXI, 


Shall  divide 
into  classes. 
Ibid.  3  2. 


sand  dollars,  which,  together  with  any  moneys  obtained 
therefor  by  voluntary  contributions,  shall  be  expended 
for  the  relief  and  primary  education  of  such  indigent, 
homeless  or  deserted  children  of  said  city  as,  by  reason 
of  their  age,  their  inability  to  obtain  suitable  clothing, 
their  necessary  occupations  or  otherwise,  are  unable  to 
attend  the  public  schools;  provided,  however,  that  the 
moneys  thus  appropriated  shall  be  expended  under  the 
direction  of  the  mayor  of  said  city. 

263.  In  cities  of  this  state  where  the  office  of  president 
of  the  board  of  education,  or  board  of  directors  of  educa- 
tion, exists  or  is  created  by  any  general  or  special  law, 
such  president  shall  hereafter  receive  no  salary  or  com- 
pensation whatever  for  performing  the  duties  of  such 
office,  but  nothing  herein  contained  shall  be  deemed  or 
taken  to  affect  or  take  away  the  salary  of  the  present 
incumbent  of  any  such  office. 

264.  Any  board  of  education  of  cities  of  the  second 
class  in  this  state  shall  have  power  to  appoint  a  person 
of  suitable   attainments  to   be  city  superintendent  of 
schools,  define  his  duties  and  fix  his  term  of  office,  not 
to  exceed  three   years,  and  his   compensation,  which 
shall  not  be  changed  during  his  term  of  office. 

265.  The  city  superintendent  of  schools  shall  hold 
office  for  the  said  term  and  until  his  successor  is  ap- 
pointed, subject  to  removal  by  the  board  of  education 
on  complaint  for  cause  stated. 

266.  In  all  cities  of  the  third  class  the  term  of  office 
of  members  of  the  board  of  education  shall  be  for  as 
many  years  as  there  are  members  of  such  board  of  edu- 
cation elected  from  each  ward ;  and  that  at  each  annual 
municipal  election  after  the  next  succeeding  election, 
each  ward  shall  elect  one  member  of  such  board  of 
education. 

267.  At  the  next  succeeding  municipal  election  the 
members  of  the  board  of  education  shall  be  elected  as 
heretofore,  and  at  the  first  meeting  of  such  board  of 
education  then  elected,  the  members  from  each  ward 
shall,  by  lot,  divide  themselves  into  classes,  so  that  the 


SCHOOL    LAW.  97 


term  of  office  of  one  member  from  each  ward  shall 
expire  in  each  succeeding  year. 

268.  The  corporate  authorities  of  the  cities  of  the 
first  class  of  this  state,  upon  request  by  the  board  of 
education  or  other  body  having  the  charge  of  the  public  housersect  sch°o1 
schools  in  such  city  of  the  first  class,  shall  purchase  chip.cxxix, 
lands  and  shall  erect  school  houses  thereon,  and  shall  g  *• 
furnish  the  same  from  time  to  time,  as  the  increase  of 
population  in  any  part  of  such  city  of   the  first  class 

having  the  least  school  accommodations  may  demand ; 
provided,  however,  that  the   expenses  incurred   in   each  Proviso. 
year  shall  not  exceed  forty  thousand  dollars ;  and  pro-  Proviso. 
vided  further,  that  such  expenditures  shall  be  concurred 
in  by  the  city  board  authorized  by  law  to  make  appro- 
priations for  the  expenses  of  the  city  government. 

269.  To  raise  the  funds  for  the  purpose  aforesaid,  the  foraSngUnds 
-corporate  authorities  of  such  city  of  the  first  class  shall  tem°p°ora?ySioSansy 
have  power  to  raise  money  by  temporary  loans  for  a  Ibld  * 2' 
term  not  exceeding  three  years,  and  to  meet  such  loan 

they  shall  include  in  the  next  annual  tax  levy  one-third 
at  least  of  the  amount  of  such  temporary  loan,  with 
interest  thereon,  and  in  the  second  succeeding  annual 
tax  levy  they  shall  include  at  least  one-third  of  such 
amount  with  interest  thereon,  and  in  the  third  succeed- 
ing tax  levy  they  shall  raise  any  balance  unpaid  with 
interest,  and  as  fast  as  such  moneys  shall  come  into  the 
treasury  of  such  city  of  the  first  class,  they  shall  be  ap- 
plied to  pay  such  temporary  loan,  and  such  loan  shall 
be  so  obtained  that  it  can  be  paid  by  installments  with 
interest  payable  semi-annually. 

270.  To  secure   such  temporary  loan,  the  corporate  May  issue  bonds 

.  or  scrip  to  secure 

authorities  may  authorize  the  issue  of  temporary  loan  lo^- 
bonds  or  scrip,  which  shall  bear  such  interest  as  may  be 
agreed  upon  not  exceeding  the  legal  rate,  to  an  amount 
not  exceeding  the  expenditure  to  be  incurred  in  each 
year. 

271.  Such   temporary  loan   bonds  or   scrip  may  be  aty  sinking  fund 
taken  for  the  sinking  fund  of  any  such  city  of  the  first  bonds. 
class,  if  the  authorities  having  charge  of  such  sinking 

7 


98 


SCHOOL    LAW. 


Bonds  for 
school  houses  in 
cities  not  to  ex- 
ceed $50  ooo. 
P    L.  1882, 
Chap.  CXIII, 


Proviso. 


Bonds  to  be 
authorized  by 
common  council. 

Ibid.   \  2 


Bonds  already 
issued  to  be 
included  in  the 
amount  author- 
ized by  this  act. 
Ibid,  g  3. 


School  houses 
authorized  to 
be  built. 
P.  L.  1882. 
Chap 
CLXXIX,  §  i 


fund  shall  so  select,  and  if  such  bonds  can  be  so  taken, 
it  shall  be  the  duty  of  such  authorities  to  so  take  them, 
and  the  money  raised  by  taxation,  for  the  payment  of 
the  principal  and  interest,  shall  then  be  paid  into  the 
sinking  fund. 

272.  It  shall  and  may  be  lawful  for  any  city  in  this- 
state,  from  time  to  time,  to  purchase  lands  for  the  pur- 
pose of  erecting  school-houses  thereon,  and  to  raise  the 
money  required  for  such  purpose  by  loan  on  the  credit 
of  such  city ;  provided,  that  the  total  amount  of  bonds 
outstanding  and  unpaid,  issued  for  such  purpose,  shall 
not  exceed  at  any  one  time  the  sum  of  fifty  thousand 
dollars ;  and  further,  that  said  bonds  shall  not  bear  more 
than  the  legal  rate  of  interest,  and  said  bonds  shall  not 
be  sold  at  less  than  par  value. 

273.  All  such  loans  shall  be  authorized  by  an  ordi- 
nance of  the  common  council  or  board  of  aldermen  of 
such  city,  which  ordinance  shall  distinctly  specify  and 
provide  the  ways  and  means,  exclusive  of  loans,  to  pay 
the  principal  of  said  loans  and  the  interest  on  the  same 
annually,  and  also  the  time  within  which  the  said  bonds 
shall   be  paid, .  which  ordinance  shall   be  irrepealable 
until  such  debt  is  paid. 

274.  When,  in  any  city  of  this  state,  loans  have  here- 
tofore been  made  for  the  purpose  of  purchasing  lands 
and  erecting  school-houses  thereon,  and  the  bonds  issued 
for  such  purpose  are  still  outstanding  and  unpaid,  the 
amount  of  the  bonds  so  issued  shall  be  included  within 
the  amount  authorized  to  be  issued  by  this  act,  and 
nothing  in  this  act  shall  be  taken  or  construed  as  author- 
izing the  issuing  of  bonds  to  a  greater  amount,  at  any 
one  time,  than  the  sum  of  fifty  thousand  dollars,  for  the 
purposes  aforesaid. 

275.  It  shall  be  lawful  for  the  corporate  authorities  of 
the  cities  of  this  state,  upon  request  by  the  board  of 
education  or  other  body  having  the  charge  of  the  public 
schools  in  such  city,  to  purchase  lands  and  erect  school- 
houses  thereon,  and  to  furnish  the  same,  from  time  to 
time,  as  the  increase  of  population  in  any  such  city  may 


SCHOOL   LAW.  99 


demand ;  provided,  however,  that  the  expense  incurred  in  proviso. 
any  one  instance  shall  not  exceed  forty  thousand  dol- 
lars ;  provided,  further,  that  where  the  charter  of  any  city,  Proviso. 
or  any  supplement  or  supplements  thereto  provides  a 
limit  of  annual  expenditure   for  permanent   improve- 
ments, nothing  in  this  act  shall  authorize  expenditure 
in  excess  of  such  limit. 

276.  To  raise  the  fund  for  the  purposes  aforesaid,  the  Loans  to  be 

..  f  ,          •iii-i  paid  in  three 

corporate  authorities  of  such  city  shall  have  power  to  installments. 

_  Ibid.  I  2. 

raise  money  by  temporary  loans  for  a  term  not  exceed- 
ing three  years ;  and  to  meet  such  loan  they  shall  in- 
clude in  the  next  annual  tax  levy  one-third,  at  least, 
of  the  amount  of  such  temporary  loan,  with  interest 
thereon,  and  in  the  second  succeeding  annual  tax  levy 
they  shall  include  at  least  one-third  of  such  amount,  with 
interest  thereon,  and  in  the  third  succeeding  tax  levy 
they  shall  raise  any  balance  unpaid,  with  interest;  and 
as  fast  as  such  moneys  shall  come  into  the  treasury  of 
such  city  they  shall  be  applied  to  pay  such  temporary 
loan ;  and  such  loan  shall  be  so  obtained  that  it  can  be 
paid  by  installments,  with  interest,  semi-annually. 

277.  To  secure  such  temporary  loan  the  corporate  au-  security  for  loan. 
thorities  may  authorize  the  issue  of  temporary  loan 

bonds  or  scrip,  which  shall  bear  such  interest  as  may 
be  agreed  upon,  not  exceeding  the  legal  rate,  to  an 
amount  not  exceeding  the  expenditure  to  be  incurred  in 
any  one  instance ;  provided,  however,  that  no  bonds  shall  Proviso. 
be  issued  in  excess  of  ten  per  centum  of  the  assessed 
valuation  of  such  city. 

278.  Such  temporary  bonds  or  scrip  may  be  taken  for  Loans  taken  by 

it  .  sinking  fund. 

the  sinking  fund  of  any  such  city,  if  the  authorities  Ibid-  84. 
having  charge  of  such  sinking  fund  shall  so  elect,  and 
if  such  bonds  can  be  so  taken  it  shall  be  the  duty  of 
such  authorities  to  so  take  them,  and  the  money  raised 
by  taxation  for  payment  of  the  principal  and  interest 
shall  then  be  paid  into  the  sinking  fund. 

279.  If,  in  the  judgment  of  any  board  of  education  of 
any  city  in  this  state  or  other  body  having  control  of  the 

public  schools  in  any  city  of  this  state,  it  shall  at  any  CLXXXI,  §  i. 


100  SCHOOL    LAW. 


time  be  deemed  necessary  and  expedient  to  provide 
additional  school  accommodations  in  such  city  for  the 
benefit  of  those  entitled  to  attend  the  public  schools  in 
such  city,  it  shall  be  lawful  for  the  mayor  and  common 
council  or  other  governing  body  in  such  city  to  authorize 
money  to  be  borrowed  for  the  purpose  of  purchasing 
land  and  the  erection  of  suitable  school  buildings  and 
providing  such  school  buildings  with  suitable  school 
appliances  and  conveniences  and  to  secure  the  payment 
of  the  money  borrowed  as  aforesaid  by  mortgage  bearing 
annual  interest  at  a  per  cent,  not  greater  than  the  legal 
rate  on  the  land  purchased  and  the  building  or  buildings 
to  be  erected  thereon  in  pursuance  of  this  act ;  or  if  the 
city  own  suitable  land,  rendering  a  purchase  of  land  un- 
necessary, on  such  land  and  the  building  or  buildings  to 
be  erected  thereon;  and  in  case  the  title  to  lands  on 
which  public  school  buildings  are  now  erected  in  any 
city  is  vested  by  law  in  a  board  of  education  or  other 
body  having  control  of  the  public  schools  in  such  city, 
such  board  of  education  or  other  body  having  the  con- 
trol of  public  schools  in  such  city,  and  not  the  mayor 
and  common  council  or  other  governing  body  of  such 
city,  shall  have  the  power  to  borrow  money  as  aforesaid, 
and  to  secure  the  payment  of  the  same  by  mortgage  as 
aforesaid ;  provided,  that  not  more  than  one  school  build- 
ing, with  the  necessary  appliances  and  conveniences,  shall 
be  authorized  to  be  erected  in  any  city  in  any  one  year 
in  pursuance  of  the  powers  conferred  by  this  act. 
Maorabfegientt0ene  ^80.  Any  mortgage  to  be  given  in  pursuance  of  this 
fbkPj}  2  a°t  snall  ^e  payable  in  less  than  ten  years  from  the  time 

of  giving  the  same  except  at  the  option  of  the  city,  board 
of  education,  or  other  body  giving  the  same,  who  are 
authorized  to  renew  such  mortgage ;  and  money  to  pay 
the  annual  interest  accruing  on  any  such  mortgage  shall 
be  raised  in  the  same  manner  as  the  money  to  pay  the 
current  expenses  of  the  public  schools  is  raised  in  any 
city  in  which  the  property  on  such  mortgage  shall  be 
given  is  situate ;  any  money  may  be  raised  for  a  sinking 
Proviso.  fund  to  pay  such  mortgage  in  the  same  manner;  provided, 


SCHOOL   LAW.  101 


however,  that  nothing  in  this  act  shall  be  held  to  permit 
the  authorities  of  any  city  in  this  state  to  exceed  any 
limit  of  expenditures  for  such  purposes  now  fixed  by  any 
city  charter  or  any  supplement  thereto,  nor  to  exceed 
the  limit  of  indebtedness  fixed  by  any  such  charter. 

281.  That  the  common  council  or  other  legislative  Cities  may  bor-; 

row  money  to 

body  of  any  city  of  this  state  shall  have  power  to  borrow  J^ef*001 " 
any  sum  or  sums  of  money,  not  exceeding  in  the  aggre-  ch^P  cx'kxv 
gate  the  sum  of  thirty  thousand  dollars,  to  be  used  for  §I 
the  purchase  of  land  and  the  erection,  furnishing  and 
fitting  up  of  a  building  or  buildings  for  public  school 
purposes  in  said  city ;  and  that  the  said  common  council 
or  other  legislative  body  of  said  city  may  secure  the  re- 
payment of  the  said  sum  or  sums  so  borrowed,  together 
with  interest  thereon  at  a  rate  not  to  exceed  five  per 
centum  per  annum,  in  such  manner  and  upon  such 
terms  as  to  the  said  common  council  or  other  legislative 
body  may  seem  proper,  by  the  issuing  of  bonds  in  the  issue  bonds. 
corporate  name  of  said  city,  to  be  signed  by  the  mayor 
or  other  chief  executive  officer  of  said  city  and  counter- 
signed by  the  city  clerk  or  other  person  performing  the 
duties  of  recording  officer  for  the  said  common  council 
or  other  legislative  body,  as  the  case  may  be,  and  sealed 
with  the  common  seal  of   said  city;   provided,  that  in  Proviso. 
cities  having  a  board  of  education  or  other  board  having 
control  of  the  public  schools  than  the  common  council, 
the  purchase  of  land,  erection,  furnishing  and  fitting  up 
of  a  school  house  or  school' houses  with  the  money  so 
borrowed  shall  be  made  in  the  same  manner  as  hereto- 
fore provided  by  law  for  the  city  borrowing  money  by 
virtue  of  this  act. 

282.  It  shall  and  may  be  lawful  for  any  city  of  the  cities  of  the 

,      ,  .          ,   .  _  .  .  second  class 

second  class  in  this  state,  from  time  to  time,  to  purchase  may  issue  bonds 

,         .        _  .         ,  ,  to  build  school 

lands  for  school  purposes  and  to  erect  school  houses  J,ou£esl8  o 
thereon,  and  to  raise  the  money  required  for  such  pur-  g 
poses  on  the  credit  of  the  city  by  the  sale  of  its  bonds;  2 ' 
provided,  that  the  total  amount  of  outstanding  and  unpaid  Proviso. 
bonds  issued  by  any  such  city  for  school  purposes,  under 
any  general,  public,  special  or  local  law  or  laws  whatever, 


102  SCHOOL   LAW. 


shall  not  at  any  one  time  exceed  the  sum  of  fifteen  dol- 
lars for  each  child  between  five  and  eighteen  years  of 
age  within  such  city,  as  shown  by  the  last  school  census 
of  such  city. 
Rate  of  interest.      283.  Said  bonds  shall  bear  interest  at  a  rate  not  ex- 

Ibid.  f.  2. 

ceeding  five  per  centum  per  annum,  shall  not  be  sold 
below  their  par  value,  and  shall  be  made  payable  in  not 
more  than  twenty  years. 
common  council      284.  Before  any  moneys  shall  be  raised  under  the 

to  authorize  the  *  • 

ibid6  f3bonds'  provisions  of  this  act,  authority  therefor  shall  be  given 
by  an  ordinance  of  the  common  council,  board  of  alder- 
men or  other  governing  body  of  the  city  desiring  to 
raise  moneys  for  the  purposes  aforesaid,  which  shall 
distinctly  specify  and  provide  the  ways  and  means  of 
paying  the  principal  of  said  bonds  and  the  interest 
thereon,  and  also  the  time  within  which  said  principal 
shall  be  paid  and  when  the  interest  thereon  shall  be 
paid. 

aties  of  the  285.  Hereafter  it  shall   be  lawful   for  the  common 

second  class 

may  issue  bonds  council,  board  of  aldermen  or  other  governing  body  of 

to  reconstruct  °  °  ^ 

phL0li89iSes'  anv  citv  °*  t^ie  8econd  class  iQ  ti"8  8tate  in  which  a 
chap,  cx'cix,  public  school  house  shall  be  in  a  dilapidated,  unsanitary, 
unsafe  or  unsatisfactory  condition  for  school  purposes, 
to  purchase  additional  ground,  either  adjoining  such 
school  house  or  elsewhere,  as  may  seem  best  for  school 
purposes,  and  reconstruct  such  school  house  on  a  larger 
scale  and  with  better  and  more  modern  appointments, 
at  an  expense  not  to  exceed  one  hundred  thousand 
dollars. 

?eTd%oo!<S>e*       286.  For  the  purposes  aforesaid,  it  shall  be  lawful  for 
Ibid  g2  said  common  council,  board  of  aldermen  or  other  gov- 

erning body  to  issue  bonds  of  such  city  for  the  payment 
of  such  expenditure,  not  to  exceed  the  said  sum  of  one 
hundred  thousand  dollars,  payable  in  not  less  than 
twenty  years,  at  a  rate  not  to  exceed  five  per  centum, 
pledging  the  faith  and  credit  of  subh  city  for  the  pay- 
ment thereof,  which  bonds  shall  be  sold  to  the  highest 
bidder,  after  having  first  advertised  the  same  for  sale  in 
two  newspapers  of  the  county  for  at  least  two  weeks. 


SCHOOL   LAW.  103 


TOWNSHIPS,  TOWNS,  BOROUGHS  AND  SPECIAL 
CHARTERS. 

287.  The  inhabitants  of  any  town  or  borough  or  any  inhabitants  of 
township  having  a  special  charter,  or  of  any  township  wtoymships 

1--I1  in  t  i       •  -i      maY  incorporate. 

which  has  or  hereafter  may  have  a  population  exceed-  P.  L  isas, 
ing  six  thousand  inhabitants,  may  become  a  body  politic  cccxxv,?  i. 
and  corporate  in  fact  and  in  law, -by  the  name  and  title 
of  "  the  town  of  ,  in  the  county  of  ," 

whenever,  at  a  special  election,  to  be  called  for  that 
purpose  as  hereafter  provided,  it  may  be  so  decided  by 
a  majority  of  the  electors  of  said  proposed  town  who 
shall  vote  at  such  special  election. 

288.  The  town  and  ward  officers  of  the  town  shall  be  Board  of  educa- 

tion 

a  town  treasurer,  *     a  board  Ibid -§9- 

of  education,  consisting  of  three  members  from  each 
ward. 

289.  At  the  annual  town  election  held  under  this  act  Election  of  mem. 

bers  ot  board  of 

one  member  of  the  board  of  education  for  each  ward  ?£"caatio?- 

Ibid,  g  1 6 

shall  be  elected  for  one  year,  and  one  member  for  two 
years,  and  one  member  for  three  years ;  and  the  electors 
voting  at  such  election  shall  designate  on  their  ballots 
the  terms  for  which  the  several  candidates  for  such 
offices  shall  hold ;  and  thereafter,  annually,  a  member 
of  the  board  of  education  shall  be  chosen  for  three 
years. 

290.  No  person  shall  be  eligible  to  any  office  under  who  are  eligible 
this  act  unless  he  shall  have  resided  in  the  town  for  the  board  of  educa- 
period  of   at  least  one 'year,  and  no  person  shall  be  Ibid- in- 
eligible to  any  ward  office  unless  he  shall  be  an  actual 
resident  of  the  ward ;  no  person  shall  be  eligible  to  any 

office  unless  he  is  a  citizen  of  the  United  States. 

291.  IQ  case  any  vacancy  shall  occur  in  the  board  of  vacancy,  HOW 
education,  said  board  of  education  may  fill  such  vacancy  Ibid-  2 i8- 
by  appointment  until  the  next  town,  election,  when  the 
vacancy  shall  be  filled  by  the  electors  of   the  town ; 
provided,  that  if  at  any  town  election  there  shall  be  a  Proviso. 
vacancy  in  any  office  to  be  filled,  and  at  the  same  time 

an  election  for  the  full  term  of  such  office,  the  term  for 


104  SCHOOL   LAW. 


which  each  person  shall  be  voted  for  shall  be  designated 
on  each  ballot  cast  therefor. 

292.  The  town  treasurer  shall  receive,  safely  keep  and 

iSd To  disburse  all  moneys  raised  and  received  for  public  school 
purposes ;  he  shall  keep  separate  accounts  thereof  and 
pay  the  same  out  only  on  warrant  signed  by  the  chairman 
and  clerk  of  the  board  of  education,  and  no  warrant 
for  any  such  purpose  shall  be  drawn  on  the  treasurer 
except  in  pursuance  of  an  order  or  resolution  passed  at 
a  stated  meeting  and  entered  in  their  minutes,  and  the 
provisions  of  the  last  preceding  section  of  this  act  rela- 
tive to  warrants  on  the  treasurer  by  the  town  council 
shall  apply  to  the  warrants  of  the  board  of  education ; 
and  the  said  treasurer  shall  do  and  perform  all  acts  and 
duties  enjoined  upon  township  collectors  by  the  school 
laws  of  the  state. 

council  may  aP-      293.  The  council  shall  have  power  to  pass  ordinances 

propnate  money  m  A  f  •*• 

r  Xi  appropriating   and  providing   for   raising   by  taxation 
moneys  for  the  support  of  public  schools. 

294.  All  the  property,  real  and  personal,  of  the  several 
SKa  tTber  school  districts  existing  within  the  limits  of  any  town, 
ibSTfte!*1  township  or  borough,  before  its  incorporation  under  this 
act,  shall,  upon  such  incorporation  under  this  act,  be- 
come and  be  held  in  its  corporate  name,  and  the  several 
obligations,  contracts  and  debts  of  said  previously-exist- 
ing school  districts  shall  be  assumed  by  and  shall  become 
and  be  the  obligations,  contracts  and  debts  of  such  in- 
corporated town ;  and  that  the  board  of  education  shall 
possess  and  exercise  all  the  powers  and  perform  all  the 
duties  by  law  vested  in  or  imposed  upon  the  boards  ol 
trustees  of  school  districts;  they  shall  annually  organize 
by  choosing  a  chairman  and  a  clerk,  and  may  establish 
schools  and  provide  for  their  government ;  they  shall 
define  and  fix  the  duties  and  compensation  of  their 
clerk,  who  shall  also  perform  all  duties  enjoined  by  law 
on  district  clerks,  and  of  the  principals,  teachers  and 
Proviso.  janitors  of  public  schools  in  the  town ;  provided,  that  no 

property  shall  be  bought  or  building  erected  by  the  said 
board  unless  a  majority  of  the  voters  of  the  town  voting 


SCHOOL   LAW.  105 


at  an  annual  town  election  shall  have  ordered  an  appro- 
priation for  that  purpose. 

295.  That  in  all  municipalities  where  a  consolidated 

school  district  has  been  formed  from  two  or  more  indi-  JIjJJj  xx'xn 
vidual  districts,  by  reason  of  the  incorporation  of  such  ?  x- 
municipality,  any  subsequent  division  ot  such  munici- 
pality shall  not  create  a  division  of  said  consolidated 
school  district. 

296.  That  for  the  better  government  and  representation  Districts,  how 
of  such  consolidated  districts,  the  original  individual  dis-  Ibid-  § 2- 
tricts  of  which  such  consolidated  district  is  formed  shall 

be  known  as  sub-district  number  one,  two,  three,  four, 

and  so  on,  of  school  district  number  ,  of 

county,  and  that  in  such  consolidated  district  the  elec- 
tive members  of  the  board  of  trustees  or  board  of  educa- 
tion shall  consist  of  two  members  elected  from  each 
original  individual  district,  whose  term  of  office  shall 
be  equal  in  length  to  the  number  of  original  districts 
from  which  the  consolidated  district  was  formed,  but  Trustees  to  be 

elected  from 

that  both  of  said  trustees  from  said  sub-districts  shall  sub-districts. 
not  be  elected  in  one  year. 

297.  That  before  the  first  annual  election  after  the  Term  of  trustees, 
passage  of  this  act,  the  existing  board  of  trustees  or  board 

of  education  of  such  consolidated  district  shall  meet  and 
so  distribute  the  representation  by  trustees ;  that  at  the 
coming  annual  election  two  trustees  shall  be  elected  to 
represent  the  sub-districts  in  which  there  may  have  been 
no  trustees  heretofore  elected  and  shall  so  divide  the 
time  for  which  said  trustees  or  members  of  the  board  of 
education  shall  be  elected,  that  a  portion  of  the  board 
shall  be  elected  each  year,  but  no  two  from  any  sub-dis- 
trict  shall  be  elected  in  any  one  year  after  the  first  elec- 
tion ;  that  notice  of  such  distribution  and  the  length  of 
time  for  which  said  members  shall  be  elected  shall  be 
published  by  the  district  clerk  in  his  notice  of  the  annual 
election  of  school  trustees ;  provided,  that  all  trustees  or 
members  of  the  board  of  education  now  in  office  shall 
remain  in  office  until  the  time  for  which  they  have  been 
elected  has  expired. 


106  SCHOOL   LAW. 


298'  That  this  act  sha11  take  eftect  immediately,  but 
shall  not  apply  to  districts  that  are  governed  by  the 
charters  of  any  chartered  municipality. 

299.  The  board  of  township  committee,  or  other  legis- 
j>hL0l8805uschap  lative  body  of  any  township  in  this  state,  upon  written 
:cxxi,  g  i.  notice  duly  served  upon  them  by  the  board  of  education, 
or  other  body  having  charge  of  the  school  affairs  of  such 
township,  that  in  their  judgment  it  is  necessary  to  build 
an  addition  to  any  school  house  in  said  township,  or  to 
construct  a  new  school  house  therein,  in  order  to  provide 
proper  accommodation  for  the  children  of  school  age  in 
said  township,  may  proceed  and  cause  said  addition  to 
said  school  house  to  be  built,  or  may  purchase  lands  and 
construct  a  new  school  house  thereon,  and  shall  furnish 
the  same  from  time  to  time. 

Township  bonds.  300.  To  raise  the  funds  required  for  the  purposes 
aforesaid,  the  said  board  of  township  committee  or  other 
legislative  body  of  any  township  of  this  state,  are  hereby 
authorized  and  empowered  to  issue  in  the  corporate 
name  of  such  township,  either  coupon  or  registered 
bonds,  bearing  interest  not  exceeding  six  per  centum 
per  annum,  payable  semi-annually ;  the  principal  of  the 
whole  number  of  bonds  issued  for  any  of  the  purposes 
aforesaid  shall  be  payable  in  ten  annual  payments  from 
the  date  of  the  issue  thereof ;  said  bonds  shall  be  signed 
by  the  president  or  chairman  of  said  committee,  and 
countersigned  and  registered  where  registered  bonds  are 
issued  by  the  township  clerk,  and  sold  at  public  or  pri- 
vate sale  at  not  less  than  the  par  or  face  value  thereof. 
Payment  of  301.  It  shall  be  the  duty  of  the  said  board  of  township 

ibid  §  3.  committee  or  other  legislative  body  of  any  township  of 

this  state,  to  place  in  the  annual  tax  levy  of  each  year  a 
sum  sufficient  to  pay  the  interest  and  extinguish  the 
principal  of  said  bonds  as  the  same  shall  become  due  and 
payable,  and  apply  the  same  to  the  purposes  of  this  act, 
and  to  no  other  purpose  whatever. 

[Sections  299,  300  and  301  apply  only  to  such  townships 
as  have  township  boards  of  education.] 


SCHOOL   LAW.  107 


302.  Whenever  in  the  school  districts  of  this  state,  |*£ 
except  school  districts  in  cities  and  towns  of  five  thous- 
and  inhabitants  and  upwards,  which  said  cities  and  towns 
have  a  common  council,  there  may  exist  a  board  of  edu- 
cation  or  trustees  holding  their  charters  by  special  act 
of  the  legislature  and  independent  of  any  city  charter,  IJ~«> 
the  district  clerk  shall  be  secretary  of  the  board,  and 
in  addition  to  the  duties  as  laid  down  in  sections  thirty- 
five  and  thirty-six  of  the  act  to  which  this  is  a  supple- 
ment, he  shall  conduct  the  correspondence  of  the  board, 
keeping  copies  of  such  letters  as  he  may  write,  in  some 
suitable  manner,  and  filing  all  such  letters  and  papers 
as  the  board  may  direct  at  their  stated  meetings ;  also, 
he  shall  notify  the  assessor  of  the  amount  of  special  tax 
to  be  assessed  and  collected  in  each  and  every  year  for 
the   payment  of  the  principal  and  interest  of  school 
bonds  that  may  have  been  issued  in  such  districts,  also 
the  amount  of  special  tax  to  be  assessed  and  collected 
to  defray  the  incidental  expenses  of  such  schools  during 
the  year;  and  at  the  close  of  each  year  he  shall  present 
at  the  annual  meeting  for  the  appropriation  of  moneys 
for  such  district,  a  report  of  the  general  financial  state 
of  the  district,  the  condition  of  the  school  property,  the 
school  work  during  the  year,  the  requirements  for  the 
year  to  come,  and  such  other  matters  as  may  be  needful 
to  an  intelligent  understanding  of  the  present  state  or 
which  is  desirable  for  the  future  promotion  of  public 
education  in  the  district ;  and  for  such  services  he  shall 
receive  such  compensation  as  the  board  of  education 
may  allow. 

303.  At  the  annual  election  of  officers  of  such  board 
a  treasurer  may  be  elected  from  the  members  of  the 
board,  who  shall  receive  from  the  collector  of  the  town- 
ship  or  townships  in  which  such  district  is  situated  all 
moneys  due  said  district,  from  whatever  source,  within 
ten  days  from  the  time  when  such  moneys  shall  come 
into  such  collector's  hands ;  and  said  treasurer  shall  dis- 
burse the  same  in  the  way  and  manner  provided  in  sec-  [See  sec.  162.] 
tion  eighty-four  of  the  act  to  which  this  is  a  supplement, 


108  SCHOOL   LAW. 


and,  within  ten  days  after  his  election,  he  shall  give 
to  give  8ucn  bonds  for  the  faithful  discharge  of  his  duty  as  shall 
be  acceptable  to  the  township  committee  of  the  township 
in  which  the  school  house  is  situated,  for  double  the 
amount  that  may  come  into  his  hands  during  any  one 
year,  and  every  year  at  the  annual  meeting  for  the  elec- 
^on  °*  trustees  he  shall  present  an  itemized  statement 
of  the  receipts  and  the  expenditures  of  the  year  then 
closing;  which  statement,  in  conjunction  with  the  an- 
nual report  of  the  secretary,  shall  be  published  in  the 
newspaper  printed  nearest  to  said  district,  or  in  such 
other  manner  as  may  be  deemed  best  for  the  public 
good  ;  and  for  his  services  he  shall  be  entitled  to  receive 
the  amount  provided  for  the  town  collector  for  such 
[See  sec.  162.]  disbursements  in  section  eighty-  four  of  the  act  to  which 
this  is  a  supplement. 

304.  ^e  electi°n  of  trustees  or  members  of  such 


Lxxvi,2'§?ap'  boards  of  education  shall  be  held  in  each  district  on 
the  Tuesday  of  the  week  following  the  annual  town 
meeting  in  each  and  every  year  ;  the  terms  of  service 
of  those  then  elected  to  begin  immediately  ;  and  the 
term  of  any  trustee  which  would  expire  on  the  first 
Monday  of  July  following  such  election  shall  expire  on 
the  Tuesday  of  the  week  following  the  annual  town 
meeting  ;  and  that  five  days'  notice  of  said  meeting  for 
election  of  trustees  shall  be  set  up  by  the  secretary  in 

Proviso.  five  of  the  most  prominent  places  of  the  district;  pro- 

vided, however,  that  in  all  cases  where  the  trustees  of  any 
district  are  elected  at  any  municipal  election,  by  virtue 
of  any  independent  charter,  the  election  for  such  trus- 
tees in  such  district  shall  be  held  in  the  manner  and  at 
the  same  time  as  heretofore,  and  the  beginning  and 
length  of  their  terms  of  office  shall  remain  as  before 
the  passage  of  this  act. 

Term  of  office.        305.  In  all  boards  of  education  or  trustees  hereafter 

GCLxi7i,'§4ap'  elected,  of  which  all  the  members  are  now  elected 
annually,  and  to  which  this  supplement  applies,  the 
principal  of  classification  provided  for  trustees  elected 
under  the  general  school  law  shall  govern,  so  that  at 


SCHOOL    LAW.  109 


least  two  members  of  the  board  shall  remain  in  office 
from  each  previous  year. 

306.  Where  the  present  number  of  trustees  or  mem-  Number  of 

i  rustees . 

bers  of  the  board  of  education  of  any  district  to  which  Ibid  2  5. 
this  supplement  is  applicable  may  be  such  as  to  embar- 
rass a  proper  classification  of  the  term  of  service  of  the 
members  of  the  board,  it  shall  be  lawful  for  the  legal 
voters  of  such  district,  by  a  majority  vote  at  an  annual 
meeting  of  the  district,  to  make  such  change  as  may 
be  desired  in  the  number  of  trustees  or  members  of  the 
board  of  education ;  provided,  that  by  such  change  the  Proviso. 
whole  number  shall  not  exceed  six;  and  provided  further,  proviso. 
that  public  notice  be  given  of  such  contemplated  change 
by  the  district  secretary  in  his  notice  for  the  annual 
meeting. 

307.  Each  member  elect  of  such  boards  of  education,  J™/^*0 
before  entering  upon  the  duties  of  his  office,  shall  take  Ibid- 2  6> 
the  following  oath  or  affirmation  before  some  person 

duly  authorized  to  administer  an  oath,  to  wit :  "  I,  A. 
B.,  having  been  duly  elected  a  member  of  the  board  of 
education  of  school  district  number  C,  D  county,  NQW 
Jersey,  do  solemnly  swear  (or  affirm)  that  I  will  faith- 
fully execute  the  trust  reposed  in  me  as  a  member  of 
said  board. 

"  Dated ,  A.  D. .     (Signed) ." 

308.  The  provisions  of  this  act  shall  not  apply  to  Act  not  to  apply 

.  .  .  .  to  counties  hav- 

boards  of  education  in  any  city  or  borough  of  this  state  ™%  ^  than 

.  .     .  25,000  inhabi- 

nor  to  any  county  in  this  state  containing  less  than  ^^ 
twenty-five  thousand  inhabitants. 


MISCELLANEOUS. 
309.  The  board  of  education  or  board  of  school  trus-  Trustees  author- 

.  .  ized  to  purchase 

tees  in  the  several  cities,  towns,  townships,  boroughs,  flags, 
village^  and  school  districts  of  this  state  be  authorized  ciSxvnf|i. 
to  purchase  a  United  States  flag,  flag-staff  and  the  nec- 
essary appliances  for  displaying  said  flag  upon  or  near 
the  public  building  during  school  hours,  and  at  such 


110  SCHOOL   LAW. 


other  times  as  the  board  of  education  or  the  board  of 
trustees  as  aforesaid  may  direct. 

™cioo?  ^*  ^  8ka^  be  lawful  for  said  board  of  education  or 
board  of  trustees  to  pay  for  said  flag,  flag- staff  and  the 
erection  and  maintenance  of  the  same  out  of  any  public 
school  moneys  subject  to  their  order  not  otherwise 
appropriated. 

b?orderedxtomay      311.  It  shall  be  lawful,  where  no  surplus  school  money 

!Sd!tTflag  i8  available,  for  the  legal  voters  of  the  several  cities, 
towns,  townships,  boroughs,  villages  and  school  districts 
of  this  state,  at  any  annual  school  meeting,  to  vote  a 
special  school  tax  to  defray  the  expense  incurred  by  the 
purchasing  of  said  flag,  flag-staff,  appliances  and  erection; 

Proviso.  provided,  that  notice  of  such  special  school  tax  and  the 

amount  proppsed  to  be  assessed  shall  be  included  in  the 
public  school  notice  calling  the  annual  meeting;  and 

Proviso.  provided^  that  the  amount  voted  for  the  above-mentioned 

purposes  to  be  assessed  shall  not  exceed  fifty  dollars, 
which  sum  shall  be  assessed  and  collected  in  the  same 
manner  as  moneys  for  public  school  purposes  are  now 
raised  by  law. 

school  officer          312.  From  and  after  the  passage  of  this  act  any  officer 

H  L.  1882,  chap,  of  public  instruction  of  this  state,  being  intrusted  with 
the  funds  of  any  school  board,  and  not  directed  by  law  to 
give  security  for  the  same,  shall  enter  into  such  security 
as  any  school  board  under  whom  he  may  serve  shall 
direct,  before  entering  on  the  duties  assigned  to  him  by 
said  board. 

Not  more  than        313.  Hereafter  there  shall  not  be  assessed  upon  any 

one  poll  tax  to  r  •/ 

an  asseeared  in     inhabitant  of  this  state  more  than  one  poll  tax  in  any 

L.  L.  1 80  I .  CuS-p.      /"VT"i  £}     T7OQ  1* 

CCLXXl,|i.      One  Jear- 

injury  to  school       314.  Any  person  who  shall  enter  the  buildings  or  go 

property  or  dis  .         •/    r  ^  o  o 

p^fs^cha  uPon  the  lands  belonging  to  any  public  school  district 
of  this  state,  or  used  and  occupied  for  school  purposes 
by  any  public  school  im  this  state,  and  shall  break, 
injure  or  deface  such  building,  or  any  part  thereof,  or 
the  fences  or  outhouses  belonging  to  or  connected  with 
such  building  or  lands,  or  shall  disturb  the  exercises  of 
such  public  school,  or  molest  or  give  annoyance  to  the 


SCHOOL    LAW.  Ill 


children  attending  such  school,  or  any  teacher  therein, 
shall  be  deemed  and  adjudged  to  be  a  disorderly  person, 
and  may  be  apprehended  in  the  manner  hereafter  pre- 
scribed in  this  act,  and  taken  before  any  justice  of  the 
peace  of  the  county  where  such  person  may  be  appre- 
hended; and  it  shall  be  the  duty  of  the  said  justice  to 
commit  such  disorderly  person,  when  convicted  before 
him  by  the  confession  of  the  offender,  or  by  the  oath  or 
affirmation  of  one  or  more  witness  or  witnesses,  to  the 
county  jail  of  such  county,  there  to  be  kept  at  hard 
labor  for  any  term  not  exceeding  thirty  days. 

315.  Any  person  who  shall  directly  or  indirectly  give, 
or  receive,  or  promise,  contract  or  agree  to  give  or  re- 
ceive,  any  sum  or  sums  of  money,  or  any  goods,  chattels, 
gift,  lands  or  real  estate,  or   any  other  thing,  bribe, 
present  or  reward  whatsoever,  for,  or  to  obtain,  or  for 
giving  out  the  printing  of  blanks,  notices,  advertise- 
ments, or  any  other  printing,  or  for,  or  to  obtain,  or  for 
giving  out  any  other  work  or  thing,  connected  with,  or 
in  or  appertaining  to,  any  office  or  department  of  this 
state,  or  any  office  or  department  in  any  county,  city, 
town,  township,  borough  or  other  place  in  this  state, 
shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall,  for  every  such  offence,  be  liable  4o  a  fine 
not  exceeding  three  hundred  dollars,  or  suffer  imprison- 
ment at  hard  labor  not  exceeding  one  year,  or  both,  at 
the  discretion  of  the  court. 

316.  If  any  board  of  chosen  freeholders  or  any  town- 
ship  committee,  or  any  board  of  aldermen  or  commoa 
councilmen,  or  any  board  of  education,  or  any  board  of  ni»gl- 
commissioners  of  any  county,  township,  city,  town  or 
borough  in  this  state,  or  any  committee  or  member  of 

any  such  board  or  commission,  shall  disburse,  order  or 
vote  for  the  disbursment  of  public  moneys,  in  excess  of 
the  appropriation  respectively  to  any  such  board  or  com- 
mittee, or  shall  incur  obligations  in  excess  of  the  appro- 
priation and  limit  of  expenditure  provided  by  law  for  the 
purposes  respectively  of  any  such  board  or  committee, 
the  members  thereof,  and  each  member  thereof  thus  dis- 


112 


SCHOOL    LAW. 


Penalty  for 
officers  having 
an  interest  in 
furnishing 
supplies. 
P.  L.  1876, 
Chap. 
CXXXIV,?i. 


Penalty  for 
bribery. 

RL.I879. 

Chap. 

LXXIV,?i. 


Penalty  for  pub 
lie  officer  being 
concerned  in  any 
public  contract. 
P.  L.  1888, 
Chap. 

CCCXXVIII, 
I*. 


bursing,  ordering  or  voting  for  the  disbursement  and 
expenditure  of  public  moneys,  or  thus  incurring  obliga- 
tions in  excess  of  the  amount  appropriated  and  limit  of 
expenditure  as  now  or  hereafter  appropriated  and  limited 
by  law,  shall  be  severally  deemed  guilty  of  malfeasance 
in  office,  and,  on  being  thereof  convicted,  shall  be  pun- 
ished by  fine  not  exceeding  one  thousand  dollars,  or  im- 
prisonment at  hard  labor  for  any  term  not  exceeding 
three  years,  or  both,  at  the  discretion  of  the  court. 

317.  If  any  employee  or  person  or  persons  having  the 
control  or  management  of  any  institution,  the  moneys 
for  the  support  of  which  are  drawn  in  whole  or  in  part 
from  the  treasury  of  the  state,  shall  be  directly  or  indi- 
rectly interested  in  furnishing  any  goods,  chattels,  sup- 
plies or  property  of  any  kind  whatsoever,  to  or  for  the 
use  of  any  such  institution,  which  may  be  in  whole  or 
in  part  supported  by  appropriations  paid  out  of   the 
treasury  of  the  state,  such  person,  officer  or  employee 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  con- 
viction thereof,  shall  be  punished  by  a  fine  not  exceed- 
ing one  thousand  dollars,  or  imprisonment  at  hard  labor 
for  any  term  not  exceeding  one  year,  or  both,  at  the 
discretion  of  the  court. 

318.  If  any  member  of  any  state,  county  or  city  gov- 
ernment, or  any  member  of  any  public  board,  associa- 
tion or  commission,  shall  hereafter  solicit  or  receive, 
either  directly  or  indirectly,  any  money  or  valuable  con- 
sideration for  his  vote  in  the  appointment  of  any  person 
or  persons  to  any  position  in  any  department  of  any 
public  body  aforesaid,  the  person  or  persons  so  offend- 
ing shall  be  deemed  and  taken  to  be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof,  be  punished  by  fine 
or  imprisonment,  or  both ;  said  fine  not  to  exceed  one 
thousand  dollars,  nor  such  imprisonment  one  year,  and 
be  forever  thereafter  debarred  from  holding  any  office 
of  profit,  trust  or  emolument  in  this  state. 

319.  If  any  member  of  any  board  of  chosen  freeholders, 
or  of  any  township  committee,  or  of  any  board  of  alder- 
men or  common  councilmen,  or  any  board  of  education 


SCHOOL    LAW.  113 


or  school  trustees  in  any  city,  or  any  board  of  commis- 
sioners of  any  county,  township,  city,  town,  borough  or 
school  district  in  this  state,  shall  be  directly  or  indirectly 
concerned* in  any  agreement  or  contract  for  the  construc- 
tion of  any  bridge  or  building  of  any  kind  whatsoever, 
or  any  improvement  whatever  to  be  constructed  or  made 
for  the  public  use  or  at  the  public  expense,  or  shall  be  a 
party  to  any  contract  or  agreement,  either  as  principal 
or  surety,  between  the  county,  township,  city,  town, 
borough  or  school  district,  as  the  case  may  be,  and  any 
other  party,  or  shall  be  directly  or  indirectly  interested 
in  furnishing  any  goods,  chattels,  supplies  or  property 
of  any  kind  whatsoever,  to  or  for  the  county,  township, 
city,  town,  borough  or  school  district,  the  contract  or 
agreement  for  which  is  made,  or  the  expense  or  consid- 
eration of  which  is  paid,  by  the  board,  council  or  com- 
mittee of  which  such  member  is  a  part,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  on  being  thereof  convicted, 
shall  be  punished  by  fine  not  exceeding  one  thousand 
dollars,  or  imprisonment  at  hard  labor  for  any  term  not 
exceeding  three  years,  or  both,  at  the  discretion  of  the 
court. 

320.  All  acts  and  parts  of  acts  of  a  general  character  Repealer. 
on  the  subject  of  public  schools,  and  of  the  normal  S^L/.« 

i  -i  i    .  .       .  ULjXXlA.,  g  82, 

school  and  its  appropriations,  passed  before  the  twenty- 
first  day  of  March,,  one  thousand  eight  hundred  and 
sixty-seven,  are  hereby  declared  to  be  repealed. 


Rules  and  Regulations 


PRESCRIBED   BY 


The  State  Board  of  Education. 


OCTOBER  13™,  1891. 


RULES  AND  REGULATIONS 


FOR  THE 


Government  of  School  Officers, 


Prescribed  by  the  State  Board  of  Education  in  conformity  with  the  act 
entitled  "An  Act  to  establish  a  system  of  Public  Instruction1' 
(Sec.  4,  Clause  1). 


I.-GENERAL  INSTRUCTIONS  RELATING  TO  BOTH  STATE  AND 
COUNTY  CERTIFICATES. 

1.  No  person  shall  be  employed  as  a  teacher  by  any  Board  of 
Trustees  unless  he  holds  a  regular  teacher's  certificate  in  full 
force  and  effect  at  the  time  that  the  engagement  is  made.     Any 
person  accepting  a  position  as  a  teacher  in  any  school  in  this  State 
shall,  before  taking  charge  of  such  school,  exhibit  his  or  her  cer- 
tificate to  the  County  Superintendent  of  the  county  in  which  such 
school  is  situated ;  and  any  contract  entered  into  between  any 
teacher  and  any  Board  of  Trustees  shall  not  be  valid  until  the 
requirements  of  this  rule  are  complied  with.     It  shall  be  the 
duty  of  the  County  Superintendents  to  keep  a  record  of  such  cer- 
tificates. 

2.  Any  person  desiring  to  obtain  a  position  as  a  teacher  in  any 
school  in  this  State  between  the  dates  of  the  regular  examina- 
tions, and  who  is  not  in  possession  ofr  a  regular  certificate  in  full 
force  and  effect,  may  obtain  from  the  State  or  County  Board  of 
Examiners  a  provisional  certificate,  good  until  the  next  regular 
examination ;  provided,  that  such  provisional  certificate  shall  not 
be  renewed  or  extended. 

3.  No  certificate  shall  be  issued  to  a  teacher  whose  average  in 
any  subject  covered  by  the  examination  falls  below  70. 

(117) 


118  RULES  AND  REGULATIONS 

4.  All  candidates  are  required  to  furnish  testimonials  as  to 
their  moral  character,  and  as  to  the  times  and  places  in  which 
they  may  have  taught,  and   their  success  in  teaching.     Such 
testimonials  shall  be  retained  by  the  Board  of  Examiners,  and 
form  part  of  their  permanent  records. 

5.  Any  certificate  may  be  revoked  for  cause  either  by  the 
Board  which  issued  it  or  by  the  State  Board  of   Examiners. 
Every  such  case  shall  be  reported  to  the  State  Board  of  Educa- 
tion in  writing. 

6.  Every  Board  of  Examiners  shall  keep  a  full  and  correct 
list    of    all    certificates   issued,  together   with   the   names   and 
addresses  of  the  holders.     Such  list  shall  be  transmitted  to  the 
State  Superintendent  within  ten  days  after  every  examination, 
and  shall  be  printed  as  part  of  the  annual  report  of  that  officer. 

7.  In  all  examinations  for  teachers'  certificates  the  diploma  of 
a  college  in  good  standing  shall  be  accepted  in  lieu  of  an  exami- 
nation in  the  academic  subjects  prescribed. 

8.  The  State  Board  of  Examiners  may  endorse  the  diploma  of 
any  Normal  School  or  Training  College  or  the  permanent  certifi- 
cate issued  by  a  State  Superintendent  or  Board  of  Examiners  of 
another  State,  when  the  course  of  study  of  such  Normal  School 
or  Training  College,  or  the  requirements  for  such  certificates,  are, 
in  the  judgment  of  the  State  Board  of  Examiners,  equivalent  to 
those  required  for  similar  diplomas  or  certificates  in  this  State ; 
and  when  so  endorsed,  such  diploma  or  certificate  shall  have  full 
force  and  effect  as  if  issued  in  this  State. 

9.  With  the  exception  of  Reading,  Elocution,  Music,  School 
Gymnastics,  Drawing  and  Manual  Training,  all  examinations  are 
to  be  conducted  in  writing. 

10.  A  special  average  will  be  given  for  correctness  in  Orthog- 
raphy  and   Composition,   and  for  neatness  and    order  in  the 
general  appearance  of  the  examination  papers.     Special  credit 
marks  will  be  given  for  ability  to  teach  Elocution,  Music,  School 
Gymnastics,  Drawing  and  Manual  Training. 

11.  Any  Board  of  Examiners  shall  accept  from  any  applicant 
for  a  Second  or  First  Grade  County  Certificate,  or  for  any  State 
Certificate,  any  certificate  of  any  grade  issued  since  April  llth, 
1889,  in  lieu  of  further  examination  in  the  academic  subjects 
covered  by  said  "certificate;    provided,  that  the  applicant  shall 


FOR  SCHOOL  OFFICERS. 


have  attained  a  general  average  of  85  per  cent.,  and  shall  present 
satisfactory  evidence  of  having  been  a  teacher  in  good  standing 
during  the  time  subsequent  to  the  granting  of  said  certificate. 

12.  Applicants  for  employment  as  special  teachers  to  give 
instruction  in  any  subject  not  prescribed  in  the  certificates 
granted  by  the  State  or  County  Boards  of  Examiners,  may  be 
examined  by  the  Board  of  Examiners  in  euch  subject,  and  when 
satisfied  of  the  fitness  of  the  applicant  to  teach  any  of  the 
branches  referred  to,  said  Board  of  Examiners  may  issue  a 
special  certificate  to  said  applicant.  Such  certificates  shall 
remain  in  force  three  years,  and  shall  be  valid  as  licenses  to  teach 
the  subject  for  which  they  are  issued,  within  the  jurisdiction  of 
the  Board  of  Examiners  granting  the  certificates. 


II.— COUNTY  EXAMINATIONS. 
^/ 

v  13.  The  County  Superintendent,  together  with  those  persons 

whom  he  may  appoint  as  County  Examiners,  shall  hold  four 
stated  meetings  during  each  year  for  the  examination  of  teachers, 
in  such  places  in  the  county  as  are  most  convenient  of  access  to 
the  teachers.  The  first  examination  shall  be  held  on  the  first 
Saturday  in  February ;  the  second  on  the  first  Friday  and  Satur- 
day in  May;  the  third  on  the  first  Friday ^and  Saturday  in 
August;  and  the  fourth  on  the  first  Saturday  in  November; 
provided,  that  when  any  of  these  dates  falls  upon  a  legal  holiday, 
the  examination  shall  be  postponed  for  one  week.  The  February 
and  November  examinations  shall  be  for  Third  Grade  Certifi- 
cates only ;  the  August  examination  for  Second  and  Third  Grade 
Certificates;  and  the  May  examination  for  First  and  Second 
Grade  Certificates.  • 

14.  The  County  Superintendent  will  issue  certificates  of  three 
grades,  to  be  known  respectively  as  the  First,  Second  and  Third 
Grade  County  Certificates.     No  County  Certificate  issued  after 
October  6th,  1891,  shall  be  valid  outside  of  the  county  in  and  for 
which  it  is  issued. 

15.  Candidates  for  the  Third  Grade  County  Certificate  are  to  be 
not  less  than  eighteen  years  old^    No  experience  in  teaching 
will  be  required.     Applicants  for  a  Third  Grade  Certificate  will 


120  RULES  AKD  REGULATIONS 

be  examined  in  Orthography,  Reading,  Penmanship,  Geography, 
Arithmetic,  English  Grammar,  and  the  Theory  and  Practice  of 
Teaching.  The  certificate  will  continue  in  force  for  one  year 
from  date,  and  will  be  valid  as  a  license  to  teach  in  an  ungraded 
school  or  in  a  primary  school  or  department  after  October  6th, 
1891.  A  Third  Grade  County  Certificate  shall  not  be  issued  to 
the  same  person  more  than  twice. 

16.  Candidates  for  the  Second  Grade   County  Certificate  are  to 
be  not  less  than  nineteen  years  old,  with  an  experience  in  teach- 
ing of  not  less  than  one  year.     The  examination  will  be  the  same 
as  that  for  the  Third  Grade  Certificate,  with  the  addition  of 
English    Composition,  Physiology,  the   History  of  the   United 
States  and  Book-keeping.     The  certificate  will-  continue  in  force 
for  three  years  from  date,  and  will  be  valid  as  a  license  to  teach 
in  any  school  or  department  not  above  the  grade  of  a  grammar 
school. 

17.  Candidates  for  the  First  Grade  County  Certificate  are  to  be 
not  less  than  twenty  years  old,  with  an  experience  in  teaching  of 
not  less  than  two  years.     The  examination  will  be  the  same  as 
that  for  the  Second   Grade   Certificate,  with   the   addition   of 
Algebra,  Physics,  History  of  Education,  the  Constitution  of  the 
United  States  and  the  School  Law  of  New  Jersey.     The  certifi- 
cate will  remain  in  force  for  five  years  from  date,  and  will  be 
valid  as  a  license  to  teach  in  any  school  or  department  in  the 
county.     A  First   Grade  County  Certificate   may  be  renewed 
without  a  re-examination. 

18.  An  ungraded  school  is  defined  as  one  in  which  but  a  single 
teacher  is  employed.     A  graded  school  is  one  in  which  more 
than  a  single  teacher  is  employed,  and  which  is  divided  into  at 
least  two  departments.      A  primary  school   or   department  is 
defined  as  one  having  the  first  four  years  of  the  usual  school 
curriculum,  consisting  of  studies  similar  to  those  prescribed  in 
the  primary  department  of  the  State  Model  School.     A  grammar 
school  or  department  is  defined  as  one  having  the  second  four 
years  of  the  usual  school  curriculum,  consisting  of  studies  similar 
to  those  prescribed  in  the  grammar  department  of  the  State 
Model  School.     A  high  school  is  defined  as  a  school  the  curri- 
culum of  which  includes  more  advanced  instruction  than  that  of 
a  grammar  school,  as  herein  defined. 


FOR  SCHOOL  OFFICERS.  121 

19.  A  new  set  of  questions  shall  be  prepared  for  each  county 
examination  under  the  direction  of  the  State  Superintendent  of 
Public  Instruction,  and  ten  questions  will  be  given  in  each  study. 
No  special  examination  shall  be  held  unless  the  consent  of  the 
State    Superintendent  of  Public  Instruction  has   been  first  ob- 
tained, and  no  questions  shall  be  used  at  any  regular  or  special 
examination  except  those  issued  or  approved  by  the  State  Super- 
intendent.    County  Superintendents,  on  granting  certificates  at 
special  examinations,  may  grant  them  in  the  usual  form ;  or,  if 
they  deem  it  advisable,  they  may  grant  them  to  be  good  only 
until  the  next  regular  examination. 

20.  Upon  each  County  Certificate  shall  be  written  the  special 
average  in  each  study  gained  by  the  holder,  and  his  or  her  gen- 
eral average,  each  marked  as  a  percentage  upon  the  scale  of  100. 


III.— STATE  EXAMINATIONS. 

21.  The  State  Board  of  Examiners  [School  Law,  Sec.  88,]  will 
grant  certificates  of  three  grades,  to  be  called  respectively  First, 
Second  and  Third  Grade  State  Certificates,  the  third  or  lowest 
grade  ranking  one  degree  above  the  highest  grade  issued  by  a 
County  Board  of  Examiners.     Two  examinations  for  State  Cer- 
tificates, and  only  two,  shall  be  held  each  year,  in  the  city  of 
Trenton,  begining  on  the  first  Thursdays  of  June  and  December 
respectively.     These  examinations  shall  be  public,  and  the  ques- 
tions used  shall  be  approved  formally  by  each  member  of  the 
Board  of  Examiners. 

22.  Candidates  for  the  Third  Grade  State  Certificate  are  to  be 
not  less  than  twenty  years  old.     No  experience  in  teaching  will 
be  required.     They  will  be  examined  in  all  the  subjects  required 
for  a  First  Grade  County  Certificate,  together  with  Psychology, 
Plane   and   Solid   Geometry,  Chemistry,  Geology,  Botany  and 
Free-hand    Drawing.      The  certificate  will  remain  in  force  for 
seven  years  from  date,  and  will  be  valid  as  a  license  to  teach  in 
any  school  in  the  State.     It  may  be  renewed  without  re-examina- 
tion. 

28.  Candidates  for  the  Second  Grade  State  Certificate  are  to  be 
not  less  than  twenty-one  years  of  age,  with  an  experience  in 


122  RULES  AND  REGULATIONS 

teaching  of  not  less  than  two  years.  The  examination  will  be 
the  same  as  that  required  for  a  Third  Grade  State  Certificate, 
together  with  the  Philosophy  of  Education  and  the  Principles 
of  Manual  Training  and  Physical  Culture.  The  license  will  re- 
main in  force  for  ten  years  from  date,  and  will  be  valid  as  a 
license  to  teach  in  any  school  in  the  State.  It  may  be  renewed 
without  re- examination. 

24.  Candidates  for  the  First  Grade  State  Certificate  are  to  be  not 
less  than  twenty-five  years  old,  with  an  experience  in  teaching  of 
not  less  than  five  years.     Candidates  will  be  required  to  present 
satisfactory  evidence  that  their  teaching  has  been  in  every  way 
successful.     The  examination  will  be  the  same  as  that  required 
for  the  Second  Grade  Certificate.     The  certificate,  will  remain  in 
force  during  the  life  of  the  holder,  unless  revoked  for  cause  [See 
Rule  5],  and  will  be  valid  as  a  license  to  teach  in  any  school  in 
the  State. 

25.  Graduates  of  the  State  Normal  School  who  have  completed 
the  two  years'  course  shall  be  entitled  to  a  Third  Grade  State 
Certificate,  and  those  who   have   completed   the   three   years' 
course  shall  be  entitled  to  a  Second  Grade  State  Certificate ;  pro- 
vided, that  five  years  after  graduation  from  the  State  Normal 
School,  any  holder  of  a  Second  Grade  State  Certificate  is  enti- 
tled to  have  said  certificate  renewed  for  life,  without  examina- 
tion, by  the  State  Board  of  Examiners,  on  presentation  of  satis- 
factory evidence  to  that  Board  that  the  holder  has  been  continu- 
ously and  successfully  engaged  in  the   profession  of  teaching 
during  the  five  years  next  preceding  the  date  of  application. 


IV.— COUNTY  SUPERINTENDENTS. 

26.  It  shall  be  the  duty  of  each  County  Superintendent  to  visit 
the  Schools  in  his  county  as  often  as  may  be  necessary ;  provided, 
that  he  shall  visit  every  school  under  his  jurisdiction  at  least 
once  in  each  year;  and  provided  further,  that  the  total  number  of 
visits  made  during  the' year  shall  equal  at  least  twice  the  number 
of  schools  under  his  jurisdiction;  the  additional  visits  to  be 
made  to  such  districts  as,  in  his  judgment,  most  need  his  encour- 
agement and  advice. 


FOR  SCHOOL  OFFICEES.  123 

27.  He  shall  note  at  such  visits,  in  a  book  provided  for  the 
purpose,    to    be    designated   "  The    Superintendent's    Visiting 
Book,"  the  condition  of  the  school  buildings  and  out-houses,  the 
appearance  and  correctness  of  the  records  kept  in  the  School 
Registers,  the  efficiency  of  the  teachers,  the  character,  record 
and   standing   of  the   pupils,  the   methods   of  instruction,  the 
branches  taught,  the  text-books  used,  and  the  discipline,  govern- 
ment and  general  condition  of  each  school ;  and  from  the  notes 
thus  taken  he  shall  ascertain  and  report  the  relative  grade  of 
merit  of  each  school. 

28.  He   shall   labor  in  every  practicable  way  to   elevate  the 
standard  of  teaching  and  to  improve  the  condition  of  the  schools 
in  his  county ;  shall  give  such  directions  in  the  science,  art  and 
methods  of  teaching  as  he  may  deem  expedient,  and  shall  be  the 
official  adviser  and  constant  assistant  of  the  school  officers  of  his 
county.     [School  Law,  Sec.  25.] 

29.  He  shall  distribute  promptly  all  reports,  forms,  laws,  cir- 
culars and  instructions  which   he  may  receive  from  the  State 
Superintendent  or  the  State  Board  of  Education,  and  in  accord- 
ance with  their  directions. 

30.  He  shall  take  care  that  the  decisions  ot  the  State  Superin- 
tendent or  of  the  State  Board  of  Education,  upon  controversies 
relating  to  the  school  laws  of  the  State,  or  to  the  rules  and  regu- 
lations prescribed  by  the  State  Board  of  Education,  be  complied 
with  by  the  parties  concerned ;  and  in  case  such  decisions  are 
not   complied  with,  he  shall  inform  the  State  Superintendent 
thereof,    and    state    the    circumstances    connected    therewith. 
[School  Law,  Sec.  42.] 

31.  He  shall  carefully  preserve  all  reports  of  school  officers 
and  teachers,  and  all  examination  papers  of  teachers  examined 
by  the  County  Board  of  Examiners,  and,  generally,  shall  carry 
out  the  provisions  of  the  law  "  Establishing  a  System  of  Public 
Instruction,"  and  the  rules  and  regulations  prescribed  by  the 
State  Board  of  Education,  and  at  the  close  of  his  official  term 
shall   deliver  to   his   successor  all   records,  books,  documents, 
papers  and  property  belonging  to  the  office. 

32.  ~No   County   Superintendent   shall  act  as   agent   for  any 
author,  publisher  or  bookseller,  nor  directly  or  indirectly  receive 
any  gift,  emolument  or  reward  for  his  influence  in  recommend- 


124  RULES  AND  REGULATIONS 

ing  or  procuring  the  use  of  any  book,  or  school  apparatus,  or 
furniture  of  any  kind  whatever  in  any  public  school ;  and  any 
one  who  shall  violate  this  provision  shall  be  subject  to  removal 
from  office. 

33.  He  shall  meet  each  Township  Board  of  Trustees  at  least 
twice  each  year,  which  meetings  shall  be  held  at  such  times  and 
places  as  he  may  appoint.     [School  Law,  Sees.  48,  75.] 

34.  He  shall  ascertain  from  the  Township  Collectors,  within 
five  days  after  the  annual  town  meetings,  the  amount  of  school 
tax  ordered  to  be  assessed  in  each  township,  and  on  or  before  the 
first  day  of  May  of  each  year,  he  shall  apportion,  according  to 
law,  to  the  several  townships  and  school  districts  of  his  county, 
all  the  school  moneys  to  which  they  are  entitled  for  the  following 
year,  whether  received  by  State  appropriation  or  ordered  to  be 
assessed  as  township  school  tax.     [School  Law,  Sec.  28.] 

35.  It  shall  be  the  duty  of  the  District  Clerk  of  any  school 
district  to  deposit  with  the  Township  Collector,  or  other  legal 
custodian,  all  moneys  received  by  the  Board  of  Trustees  from 
tuition,  loans,  proceeds  from  the  sale  of  bonds  or  other  school 
property,  or  from  any  other  source,  and  disburse  the  same  only 
by  orders  upon  the  Collector  of  the  township  in  which  said 
school-house  is  located ;  and  in  case  of  the  refusal  of  a  District 
Clerk  to  comply  with  the  above,  it  shall  be  the  duty  of  the 
County  Superintendent  to  serve  the  Collector  with  a  written 
notice  forbidding   him   to   honor  any  drafts  against   the   State 
moneys  until   the   provisions   of    this  rule   be    complied   with. 
[School  Law,  Sees.  58  and  29.] 

36.  Every  County  Superintendent  shall  encourage  and  assist 
in  the  organization  and  management  of  County  Institutes,  as  the 
Committee  on  Education  may  direct,  and  be  present  at  and  pre- 
side over  the  same. 

37.  He  shall  inquire  and  ascertain  whether  the  boundaries  of 
the  school  districts  in  his  county  are  definitely  and  plainly  de- 
scribed, and  shall  keep  in  his  office  a  full  and  correct  map,  show- 
ing such  boundaries  and  the  location  of  the  various  school-houses, 
a  copy  of  which  he  shall  furnish  to  the  State  Superintendent  of 
Public  Instruction.     No  changes  in  the  boundaries  of  school  dis- 
tricts shall  be  valid  without  the  approval  of  the  State  Superin- 
tendent. 


FOR  SCHOOL  OFFICERS.  125 

38.  No  changes  in  the  boundaries  of  districts,  in  which  district 
taxes  have  been  ordered,  shall  be  made  between  the  times  of 
ordering  and  assessing  the  same. 

39.  At  the  close  of  their  official  terms,  or  on  the  vacation  of 
their  office,  by  resignation  or  otherwise,  should  the  same  occur 
during  the  scholastic  year,  all  County  Superintendents  shall  report 
to  the  State  Superintendent  for  the  portion  of  the  year  that  may 
have  expired,  as  provided  for  in  the  44th  section  of  the  School 
Law,  with  reference  to  their  annual  reports ;  and  no  order  shall 
be  given  for  their  last  quarter's  salary  until  such  reports  are  re- 
ceived in  a  manner  satisfactory  to  the  State  Superintendent. 

40.  That  in  case  of  the  failure  of  any  County  Superintendent 
to  make  his  report  to  the  State  Superintendent  on  the  first  day  of 
September,  as  required  by  law,  the  State  Superintendent  shall 
not  give  to  such  County  Superintendent  any  order  for  the  pay- 
ment of  salary  for  the  quarter  next  succeeding  such  delinquency, 
except  by  special  resolution  of  the  State  Board  of  Education  for 
this  purpose. 

41.  All  teachers  are  required  to  attend  the  annual  Institute 
held  for  the  county  in  which  they  are  teaching ;  and  no  deduc- 
tion shall  be  made  by  Trustees  from  the  salary  of  any  teacher 
for  the  time  he  or  she  is  in  attendance-  upon  said  Institute. 

42.  When  it  is  within  the  knowledge  of  the  State  Superin- 
tendent that  a  County  Superintendent  is  not  attending  to  the 
duties  of  his  office,  he  shall  withhold  from  such  County  Super- 
intendent orders  for  his  quarterly  salary  until  the  Board  shall 
direct  such  orders  to  be  drawn. 

43.  No  allowance  shall  be  made  for  office  rent  in  the  expenses 
of  the  County  Superintendents. 

44.  Whenever  there  is  a  vacancy  in  the  office  of  County  Super- 
intendent, the  State  Superintendent  is  hereby  authorized  to  ap- 
point a  suitable  person  as  County  Superintendent  pro  tempore; 
said  appointment  to  be  approved  by  the  President  of  the  State 
Board  of  Education. 


DECISIONS 


— BY — 


STATE  SUPERINTENDENT. 


Decisions  by  State  Superintendent. 


No.  1.— Compensation  for  Assessing  and  Collecting  Special  District 

School  Taxes. 

Section  171  of  the  School  Law  allows  Township  Assessors  and 
Collectors  five  cents  per  name  for  "  assessing,  levying  and  collect- 
ing district  school  taxes."  There  appears  to  be  some  misappre- 
hension as  to  the  meaning  of  the  words  "  district  school  taxes  " 
in  this  section. 

The  compensation  provided  is  for  assessing,  levying  and  col- 
lecting the  special  school  taxes  ordered  at  district  meetings.  The  com- 
pensation for  assessing,  levying  and  collecting  all  other  moneys 
raised  for  school  purposes  is  included  in  the  amount  allowed  for 
assessing,  levying  and  collecting  the  general  township  taxes. 


2.— School  Census  in  Cities. 

The  act  of  1867  required  the  school  census  to  be  taken  in  all 
parts  of  the  State  between  "  August  1st  and  August  20th."  The 
act  of  1874  changed  the  time  to  "  July  1st  to  July  20th,"  both 
acts  limiting  the  Lime  to  twenty  days.  The  act  of  1880  applies 
to  cities  only,  and  fixes  the  time  to  "  on  or  before  June  1st,"  and 
the  act  of  1882  limits  the  time  to  "  during  the  month  of  May," 
and  is,  therefore,  not  inconsistent  with  the  act  of  1880.  Taking 
the  act  of  1880  literally  and  by  itself,  it  might  be  held  that  the 
census  can  be  taken  at  any  time  before  June  1st,  but  taken  in 
connection  with  the  other  acts  I  do  not  think  it  was  the  intention 
of  the  act  to  extend  the  time  beyond  a  month.  As  such  exten- 
sion, if  permitted,  might  defeat  the  very  object  of  the  act,  I  am 
of  opinion  that  the  census  must  be  taken  in  cities  during  the 
month  of  May. 

8  (129) 


130      DECISION'S  BY  STATE  SUPERINTENDENT. 


No.  3.— The  State  School  Moneys  Intended  Only  for  the  School 

Year  beginning  September  1st  next  after  the 

Apportionment  is  made. 

As  the  amount  of  the  State  School  Tax  for  any  one  year  is 
determined  by  the  number  of  children  of  school  age  as  contained 
in  the  next  preceding  school  census,  and  as  the  apportionment 
of  the  State  school  moneys  is  made  upon  the  basis  of  the  num- 
ber of  such  children  in  the  respective  school  districts,  it  is  the 
evident  intention  of  the  statute  that  these  school  moneys  should 
be  applied  for  the  maintenance  of  the  school  during  the  school 
year  beginning  September  1st  next  after  the  apportionment  is 
made. 

In  the  case  of  the  Board  of  Education  of  Elizabeth  vs.  Patrick 
Sheridan,  Collector,  tried  in  the  November  Term  of  the  Supreme 
Court  in  1879,  Justice  Scudder  held  that  the  "  School  Taxes  are 
to  be  levied  and  applied  for  the  fiscal  year  beginning  September 
1st  succeeding  the  assesments,  and  not  for  the  preceding  year." 

The  same  rule  will  prevent  the  application  of  these  taxes  to  a 
succeeding  year. 

In  each  year  a  large  number  of  children  pass  beyond  the  school 
age,  and  a  large  number  of  children  just  enter  it,  so  that  each 
year  has  a  school  generation  of  its  own.  It  is  the  generation  of 
each  year  that  is  to  be  benefited  by  the  school  tax  of  that  year, 
and  not  a  future  generation. 


No.  4.— Compensation  to  Township  Collectors. 

Under  section  30  of  the  act  of  March  llth,  1866,  a  Township 
Collector  is  entitled  to  receive  twelve  cents,  and  no  more,  for 
each  name  on  his  duplicate,  for  collecting  all  taxes,  including 
state,  county,  township,  school,  poor,  and  all  other  taxes,  except 
so  far  as  this  section  has  been  modified  by  subsequent  legislation. 

The  school  act  of  March  21st,  1867,  authorizes  district  school 
taxes  and  township  school  taxes  to  be  collected  by  the  Township 
Collector,  and  it  makes  it  the  duty  of  the  Township  Collector 
"  to  receive  and  hold  in  trust  all  school  moneys  belonging  to  the 
township  or  to  any  of  the  districts  thereof,  whether  received  from 


DECISIONS  BY  STATE  SUPERINTENDENT.      131 

the  State  appropriation,  from  township  or  district  tax,  or  from 
other  sources,  and  to  pay  out  the  warne  only  on  the  orders  of  the 
District  Clerks  of  the  several  districts  of  his  township,  *  *  * 
and  as  compensation  for  such  service  the  Township  Collector 
shall  be  entitled  to  receive  three- fourths  of  one  per  centum  on  all 
school  funds  received  and  paid  out  by  him  for  such  purposes/'  &c. 

This  last  clause  has  been  frequently  misinterpreted,  and  has 
led  many  Township  Collectors  into  error. 

In  the  case  of  Demarest  [collector]  vs.  New  Barbadoes  [town- 
ship], Judge  Dixon,  in  his  decision,  said  that  while  these  taxes 
are  to  be  collected  by  the  Township  Collector  as  other  township 
taxes  are,  "  it  gives  no  fees  for  collection  of  them,  but  it  does 
provide  that  the  Township  Collector  shall  receive  and  hold  all 
school  moneys,  whether  of  township  or  district,  whether  from 
State,  township  or  district  tax  or  other  source,  and  pay  the  same 
out  only  by  an  order  of  the  District  Clerk,  and  pay  the  balance 
to  his  successor  on  the  order  of  the  Township  Committee ;  and 
as  compensation  he  shall  have  three-fourths  of  one  per  cent,  on 
all  school  funds  received  and  paid  out  by  him  for  such  purposes. 
*  *  *  Here,  then,  is  the  compensation  to  the  Township  Col- 
lector— not  for  collecting  taxes  for  school  purposes,  but  for  receiv- 
ing, holding  and  paying  out  the  moneys  for  such  purposes." 

The  court  then  goes  into  the  question  whether  the  Collector 
shall  receive  but  one  percentage,  or  shall  receive  three-fourths  of 
one  per  cent,  on  the  amount  received  and  also  three-fourths  of 
one  per  cent,  on  the  amount  paid  out  for  school  purposes,  and 
decides  that  the  latter  is  the  correct  construction  of  the  law. 
Continuing,  he  says : 

"  The  question,  then,  is,  What  funds  does  he  receive  and  pay 
out  for  school  purposes  ?  He  collects,  in  this  case,  the  district 
school  tax.  That,  I  think  clearly,  he  receives  for  school  pur- 
poses. The  same  thing  is  true  of  the  township  school  tax.  That, 
also,  he  receives  for  school  purposes.  As  soon  as  it  comes  into 
his  hands  it  is  money  devoted  to  that  purpose.  But  that  is  not 
so  true  of  the  money  he  collects  for  the  State.  That  he  does  not 
receive  for  school  purposes.  He  receives  that  to  pay  into  the 
State  treasury.  *  *  *  Then  he  receives  money  from  the 
County  Collector.  That  money  he  receives  for  school  purposes. 


132      DECISIONS  BY  STATE  SUPERINTENDENT. 

Just  as  soon  as  it  reaches  his  hands  it  is  devoted  to  school  pur- 
poses. He  holds  it  for  that,  and  is  to  pay  it  out  only  for  such 
purposes.  Then  the  moneys  that  he  pays  on  the  orders  of  the 
District  Clerks  he  pays  for  school  purposes." 

On  the  ground  that  the  legislature  did  not  intend  that  the  two 
percentages  should  be  levied  on  the  same  sum,  the  court  held 
that— 

"  Upon  whatever  balance  he  has  received  of  his  predecessor, 
he  shall  not  be  allowed  the  three-fourths  per  cent.,  and  upon 
whatever  balance  he  pays  over  to  his  successor  he  shall  not  be 
allowed  the  three-fourths  per  cent.  The  result,  then,  is  that  the 
three-fourths  of  one  per  cent,  must  be  calculated  upon  the 
amount  of  district  school  tax  that  he  collects,  the  amount  of 
township  school  tax  that  he  collects,  the  amount  that  he  receives 
from  the  County  Collector  for  school  purposes,  and  the  amount 
that  he  pays  out  on  the  orders  of  the  District  Clerks." 

On  appeal  to  the  Court  of  Errors  and  Appeals,  tried  in  1878, 
the  court  held  that  there  was  no  error  in  the  above  ruling. 

The  only  legislation  as  to  compensation  subsequent  to  that  on 
which  the  above  decision  rests,  is  found  in  the  act  of  April  5th, 
1875,  which  entitles  Township  Collectors  to  receive  five  cents  on 
each  name  for  collecting  the  district  school  tax ;  and  this  appeared 
to  me  to  be  a  compensation  in  addition  to  the  three-fourths  of 
one  per  cent.,  as  the  court  distinctly  held  in  the  case  referred  to 
above  that  the  three-fourths  of  one  per  cent,  was  not  for  collecting, 
but  for  receiving,  holding  and  paying  out  the  school  moneys,  and 
I  so  decided. 

In  the  more  recent  case  of  New  Barbadoes  Township  vs.  J.  C. 
Van  Horn,  collector,  tried  in  the  Bergen  Circuit  Court,  Decem- 
ber 13th,  1887,  Justice  Dixon  decided  :  "  That  in  view  of  the  fact 
that  the  act  of  April  8th,  1875,  giving  the  five  cents  for  each 
name  for  collecting  district  school  taxes,  is  a  supplement  to  the 
school  law,  and  in  view  of  the  fact  that  the  collecting  of  district 
school  taxes  is  the  same  thing  as  receiving  district  school  taxes, 
and  in  view  of  the  fact  that  this  supplement  of  April  8th,  1875, 
declares  that  the  collector  shall  receive  five  cents,  and  no  more, 
for  collecting  district  school  taxes,  I  come  to  the  conclusion  that 
the  receipts  by  him  of  the  three-fourths  of  one  per  cent,  on  these 
sums  is  forbidden  by  the  act  of  April  8th,  1875,  and  is  unlawful." 


DECISIONS  BY  STATE  SUPERINTENDENT.      133 

The  Township  Collector,  then,  is  entitled  to  the  following  com- 
pensation : 

Five  cents  per  name  for  collecting  a  district  school  tax. 

Three-fourths  of  one  per  cent,  for  receiving  and  holding  in 
trust  the  township  school  tax. 

Three-fourths  of  one  per  cent,  for  receiving  and  holding  in- 
trust the  portion  of  the  State  school  tax  or  State  fund  paid  to 
him  by  the  County  Collector. 

Three-fourths  of  one  per  cent,  for  all  school  moneys  paid  out 
on  the  orders  of  the  District  Clerks. 

No.  5.— Official  Acts  of  Trustees. 

For  any  act  of  a  district  clerk  which  requires  the  sanction  of 
the  school  trustees,  it  is  not  sufficient  -that  the  said  trustees 
individually  consent.  The  trustees  of  the  school  district  are 
municipal  officers.  All  of  their  official  acts  must  be  performed 
in  their  corporate  capacity  at  a  regularly  convened  meeting,  of 
which  all  should  have  notice  and  in  which  all  have  opportunity 
to  participate. 

No.  6.— Suspension  of  Pupils. 

Section  80  of  the  School  Law,  so  far  as  it  xelates  to  the  sus- 
pension of  pupils,  does  not  confer  that  power  upon  assistant 
teachers  in  graded  schools. 

As  such  a  COD struction  would  tend  to  interfere  with  the  proper 
supervision  of  the  school  by  the  principal,  I  decide  that,  in  a 
graded  school  which  is  under  the  general  supervision  of  a 
principal,  the  section  is  restricted,  in  its  application,  to  the 
principal,  and  does  not  give  the  right  of  suspending  pupils  to 
assistant  teachers. 


No.  7.— Salaries  of  City  Superintendents  not  to  be  paid  from  the 
State  School  Moneys. 

As  the  State  provides  supervision  by  County  Superintendents, 
who  are  not  paid  out  of  the  State  school  moneys,  and,  as  City 
Superintendents  take  their  places,  and  do  their  work  in  cities,  I 


134      DECISIONS  BY  STATE  SUPERINTENDENT. 

think  that  City  Superintendents  should  not  be  paid  out  of  the 
State  school  moneys. 

No.  8. — Corporal  Punishment. 

In  the  matter  of  corporal  punishment  the  law  is  explicit,  bat 
provides  no  penalty  for  its  violation.  It  is  the  duty  of  school 
officers,  however,  to  see  that  the  law  is  enforced,  and  they  have 
an  undoubted  right  to  remove  a  teacher  who  violates  it. 

No.  9.— Use  of  State  School  Moneys  for  Incidentals. 

On  the  question  of  the  expenditure  of  the  State  school  appro- 
priation the  law  is  so  explicit  that  but  one  interpretation  can  be 
given  it,  and  this  Department  has  no  power  to  change  or  modify 
it.  The  statute  says  that "  not  more  than  twenty  dollars  annually 
of  the  school  moneys  received  by  any  school  district,  except  such 
as  may  be  raised  within  the  district,  shall  be  used  for  any  other 
purpose  than  the  payment  of  teachers'  salaries  and  for  purchasing 
fuel"  The  penalty  for  a  violation  of  this  provision  is  a  forfeiture 
of  twice  the  amount  used  for  other  than  these  specified  purposes, 
to  be  taken  out  of  the  next  appropriation. 

No.  1O.— School  Year. 

There  is  but  one  school  year  recognized  in  the  State  School 
Law,  and  that  is  the  year  beginning  September  1st,  and  the  State 
school  moneys  can  only  be  appropriated  for  that  year.  What- 
ever may  be  the  financial  year  of  the  city,  the  money  received 
from  the  State  for  school  purposes  must  be  devoted  to  the  main- 
tenance of  the  schools  during  the  year  which  begins  Septem- 
ber 1st. 

No.  11. — Proceedings  in  Bonding  a  District. 

1.  The  notices  calling  a  district  meeting  to  authorize  the 
trustees  to  issue  district  bonds  must  be  ordered  at  a  regularly 


DECISIONS  BY  STATE  SUPERINTENDENT.      135 

called  meeting  of  the  board  of  trustees.  The  trustees  must 
decide  for  what  purpose  or  purposes  the  district  meeting  shall 
be  called.  Full  and  accurate  minutes  of  the  meeting  of  the 
trustees  must  be  kept. 

2.  The  notice  calling  the  district  meeting  must  state  all  the 
purposes  of  said  meeting,  as  decided  upon  at  the  meeting  of  the 
trustees,  and  must  be  posted  not  less  than  ten  days,  in  at  least 
three  public  places  in  the  district,  one  of  which  must  be  the 
school  house,  if  there  be  one. 

3.  The  district  meeting  must  decide  the  amount  of  money  to 
be  appropriated  to  each  object  for  which  money  is  ordered  to  be 
raised,  and  the  total  amount  voted  must  not  exceed  the  amount 
stated  as  thought  to  be  necessary  in  the  notices.     A  majority  of 
the  taxable  voters  of  the  district  must  be  present  and  vote  on 
any  proposition  for  the  condemnation  of  land. 

On  all  other  questions  a  majority  vote  .of  the  legal  voters 
present  at  the  meeting  is  all  that  is  required. 

The  district  meeting  must  decide  the  number  of  bonds  to  be 
issued,  the  denomination  of  the  bonds,  and  the  time  or  times  of 
payment. 

All  proceedings  must  be  approved  by  the  Attorney- General 
before  the  bonds  are  issued.  One  copy  of  each  of  the  following 
papers  must  be  sent  to  the  Attorney- General  and  one  copy  to  the 
State  Superintendent,  viz. : 

1.  Minutes  of  the  meeting  of  the  Board  of  Trustees  at  which 
the  posting  of  the  notice  was  ordered. 

2.  The  notice  calling  the  district  meeting. 

3.  Minutes  of  the  district  meeting. 

These  papers  must  be  verified  by  an  affidavit  showing  that 
they  are  true  copies,  and  that  the  notices  were  posted  according 
to  law. 

.  If  the  school  meeting  has  yoted  on  any  proposition  for  the 
condemnation  of  land,  there  must  also  be  an  affidavit  showing 
that  a  majority  of  the  taxable  voters  were  present  and  voted 
thereon. 

On  any  question  to  raise  money  for  any  school  purpose  the 
vote  must  be  taken  by  ballot. 

The  minutes  of  the  trustee  meeting  and  the  notice  of  the 
district  meeting  should  be  sworn  to  by  the  district  clerk.  The 


136      DECISIONS  BY  STATE  SUPERINTENDENT. 

minutes  of  the  district  meeting  should  be  sworn  to  by  the  secre- 
tary of  said  meeting. 

No.  12.— School  Residence  of  Children. 

The  State  Constitution  provides  that  "  the  Legislature  shall 
provide  for  the  maintenance  and  support  of  a  thorough  and 
efficient  system  of  free  public  schools  for  the  instruction  of  all 
the  children  in  this  State  between  the  ages  of  five  and  eighteen 
years."  It  does  not  require  that  the  children  shall  have  a  legal 
residence  here,  but  be  in  this  State. 

In  obedience  to  the  Constitution  the  Legislature  enacted  the 
present  law.  Section  86  of  said  law  says  :  "  It  shall  not  be  lawful 
to  charge  tuition  fees  for  the  support  of  public  schools  of  this 
State,"  but  that  all.  such  schools  shall  be  free  to  all  persons  over 
five  and  under  eighteen  years  of  age  residing  within  the  district," 
etc.  The  statutes  define  the  legal  residence  of  voters  and  of 
persons  who  are  incapable  of  self-support  and  become  a  public 
charge,  but  the  statutes  nowhere  define  the  legal  residence  of  a 
child  for  school  purposes.  As  the  local  tax  that  is  collected  by 
the  State  for  the  support  of  the  schools  has  no  relation  whatever 
to  the  number  of  children  in  that  locality,  or  to  the  amount  of 
money  appropriated  by  the  State  for  the  support  of  the  schools 
of  that  locality,  the  question  of  taxes  has  no  bearing  upon  the 
child's  right  to  attend  school.  In  the  supplement  of  1885,  com- 
monly known  as  the  child  labor  act,  it  is  required  that  not  only 
parents  and  guardians,  but  other  persons  "  having  control  and 
charge  "  of  children  of  school  age,  shall  send  them  to  school. 

Under  this  act  a  person  may  be  punished  by  fine  or  imprison- 
ment for  not  sending  a  child  to  school  even  though  said  child 
may  be  only  temporarily  in  charge  of  such  person.  I  must 
decide,  therefore,  that  the  school  law  was  enacted  for  the  benefit 
of  all  the  children  in  the  State,  and  that  children,  to  have  the 
benefit  of  the  law,  must  have  the  right  to  attend  school  wherever 
they  are  actually  living  at  the  time,  without  any  regard  to  the 
legal  residence  of  parents  or  guardians,  or  indeed  to  their 
existence. 


DECISIONS  BY  STATE  SUPERINTENDENT.      137 


No.    13. — Collectors   to  Return  to    Districts   the    Exact   Amounts 
Ordered  to  be  Raised  by  District  Tax. 

A  School  District  may  order  to  be  raised,  by  District  Tax,  the 
exact  amount  required  to  enable  it  to  fulfill  its  contracts  and 
obligations.  When  the  tax  is  collected,  the  Collector  must  place 
this  sum  to  the  credit  of  the  District,  or  be  held  responsible  for 
his  failure  to  do  so. 


No.  14.— Fees  of  Assessors  and  Collectors  Not  to  be  Taken  Out 
of  the  School  Moneys. 

Assessors  and  Collectors  are  township  officers  and  must  be 
paid  out  of  township  moneys,  provided  for  that  purpose.  Their 
fees  cannot  be  taken  from  the  school  moneys,  whether  such 
school  moneys  are  raised  by  tax  or  are  derived  from  other 
sources. 


No.  15. — "Who  are  Legal  Custodians  of  the  School  Moneys. 

^ 

Our  School  Law  nowhere  provides  that  District  School  Trus- 
tees or  District  Clerks  shall  have  the  custody  of  any  school 
moneys  belonging  to  the  Districts.  It  is,  on  the  contrary,  clearly 
the  intention  of  the  law  that  such  district  officers  shall  not,  in 
any  case,  have  such  moneys  in  their  custody,  but  that  the  moneys 
shall  be  held  by  some  one  else,  subject  to  their  order,  and  that 
they  shall  be  paid  out  by  the  custodian  only  on  orders  signed  by 
the  District  Clerk  and  one  other  Trustee. 

The  Township  Collectors  are  made  the  custodians  of  all  School 
moneys  belonging  to  the  Districts.  ( School  Law,  Sec.  162.) 
Section  164  provides  that  when  a  District  extends  beyond  the 
limits  of  a  Township,  the  moneys  of  that  District  shall  be  held 
by  the  Collector  of  the  Township  within  which  the  school  house 
is  situated.  For  this  service  of  the  Township  Collector,  the  law 
provides  a  compensation  in  fees. 


138      DECISIONS  BY  STATE  SUPERINTENDENT. 

In  cities,  the  City  Treasurer  is  made  the  legal  custodian  of  the 
School  moneys  (School  Law,  Sees.  28  and  161),  but  his  compen- 
sation is  determined  by  the  city  charter. 

No  mention  of  Boroughs  is  made  in  the  School  Law,  and  so  no 
direct  provision  is  made  for  them,  but  we  can  easily  apply  the 
law  to  them.  If  no  provisions  are  made  in  their  charters  con- 
trary to  the  provisions  of  the  General  School  Law,  then  the  latter 
will  apply  to  them  as  to  other  Districts,  and  the  Township  Col- 
lector is  the  only  legal  custodian  of  their  funds.  If  their  charters 
specially  provide  for  a  Treasurer  of  the  Borough,  then  he  must 
act  as  Treasurer  of  the  School  District  within  the  Borough,  as 
does  the  treasurer  of  a  city. 

In' all  cases,  whoever  is  custodian  of  the  moneys  of  a  township 
or  city  is  the  custodian  of  the  moneys  belonging  to  the  School 
Districts  within  that  township  or  city,  and  this  rule  applied  to 
Boroughs,  which  partake  of  the  character  of  cities,  will  make 
the  custodian  of  the  Borough  funds  the  custodian  of  the  fnnds  of 
all  the  Districts  having  their  school  houses  within  the  limits  of 
the  Borough.  If  his  compensation  is  fixed  by  the  Borough 
charter,  he  is  entitled  to  no  fees  under  the  General  School  Law, 
but  if  his  compensation  is  not  fixed  by  the  charter,  he  is  entitled 
to  the  fees  provided  in  the  School  Law  for  Township  Collectors. 


No.  16.— Incompatible  Offices. 

There  is  no  statute  in  this  State  that  I  know  of,  nor  is  there 
any  decision  that  I  can  find,  bearing  upon  the  question  as  to 
whether  a  person  may  act  as  District  Clerk  and  as  Township 
Assessor  at  the  same  time.  In  giving  an  opinion,  the  only  guide 
that  I  have  is  the  Common  Law  principle  that  a  person  cannot 
hold  two  offices  that  are  incompatible ;  or,  where  the  duties  of 
the  one  interfere  with  or  are  inconsistent  with  the  duties  of  the 
other.  For  instance,  a  person  cannot  be  at  the  same  time  em- 
ployer and  employee ;  or,  holding  one  office,  take  another  where 
his  duties  will  be  to  fix,  or  help  to  fix  his  own  salary,  or  deter- 
mine his  duties  in  his  other  office  ;  or  hold  two  offices  where  one 
is  designed  as  a  check  upon  the  other,  or  where  the  duties  of  the 


DECISIONS  BY  STATE  SUPERINTENDENT.      139 

one  are  such  as  to  interfere  with  or  prevent  his  performance  of 
the  duties  of  the  other. 

Now,  let  us  see  whether  the  offices  of  District  Clerk  and  Town- 
ship Assessor  come  within  this  principle.  The  duties  of  a  Dis- 
trict Clerk  are  such  that  he  need  not  neglect  them  to  do  the 
work  of  an  assessor,  and  vice  versa,  neither  office  is  intended  to  be, 
nor  is  it,  in  fact,  a  check  upon  the  other.  The  only  official  busi- 
ness relation  between  the  two  officers  is  when  the  District  Clerk 
.is  required  to  certify  to  the  Assessor  the  amount  of  money  voted 
to  be  raised  by  district  taxation.  The  only  purpose  of  this  notice 
is  to  give  to  the  proper  tax  officer  the  necessary  information.  I 
cannot  see  that  the  duties  of  either  office  are  incompatible  with 
the  duties  of  the  other,  and,  therefore,  my  opinion  is  that  one 
person  can  legally  hold  both. 

No.  17.— School  Holidays. 

No  teacher  shall  be  required  to  teach  on  January  1st,  February 
22d,  May  30th,  July  4th,  the  first  Monday  in  September  (Labor 
Day),  Thanksgiving  Day,  December  25th,  nor  on  any  day  on 
which  a  general  election  is  held  (an  election  for  State  officers)  or 
any  day  set  apart  by  proclamation  of  the  Governor  of  this  State, 
or  the  President  of  the  United  States,  for  the  purpose  of  public 
observance,  nor  upon  the  Monday  following  when  any  of  the 
above-named  days  falls  on  a  Sunday. 

If  any  of  the  above  days  fall  on  a  Saturday,  it  is  not  to  be 
counted  as  a  school  day  in  making  up  the  teacher's  time  or  the 
school  term.  If  it  falls  on  a  Sunday,  the  Monday  following  is 
to  be  counted  as  a  school  day,  though  no  school  be  held.  If  it 
falls  on  any  other  day  in  the  week,  it  is  to  be  counted  as  a  school 
day,  as  though  the  school  had  been  held. 

Teachers  cannot  be  required  to  make  up  any  time  lost  by  not 
teaching  on  any  of  the  above  days. 

No.  18.— Collection  of  Delinquent  Taxes. 

In  case  of  a  failure  to  collect  a  district  school  tax,  the  property 
liable  for  the  tax  may  be  sold  and  the  tax  recovered  in  the  same 
manner  as  township  taxes  are  recovered. 


140      DECISIONS  BY  STATE  SUPERINTENDENT. 

When  a  Collector  sells  property  for  the  itixes  in  pursuance  of  a 
writ  from  the  Township  Committee,  he  shall  retain  the  amount 
belonging  to  any  School  District  and  pay  the  balance  of  the  pro- 
ceeds over  to  the  Township  Treasurer. 

If  the  Township  purchases  the  property  sold  for  taxes,  it  should 
pay  over  to  the  Township  Collector  the  amount  belonging  to  any 
School  District,  as  any  other  purchaser  would  have  to  do.  In  no 
case  should  the  Township  Treasurer  retain  in  his  custody  money 
belonging  to  the  School  Districts.  He  is  only  authorized  to  hold 
such  moneys  as  are  subject  to  the  orders  of  the  Township  Com- 
mittee, and  the  proceeds  of  a  School  District  tax  are  not  subject 
to  their  order. 

Such  a  course  is  absolutely  necessary  to  the  carrying  out  of 
the  School  Law.  The  citizens  of  a  School  District  are  authorized 
by  law  to  vote  taxes  for  certain  purposes.  Having  notified  the 
Assessor  of  such  vote,  they  may  make  their  contracts  for  the  year 
based  upon  the  amount  of  tax  voted.  The  duty  of  levying  and 
collecting  the  tax  rests  with  the  Township,  which  is  vested  with 
ample  powers.  If  the  taxing  officers  fail  to  collect  the  tax  voted, 
the  powers  of  the  incorporated  School  District  are  destroyed, 
and  the  duties  which  the  law  imposes  upon  its  officers  and  people 
cannot  be  performed. 

The  School  Law  is  not  perfect  in  itself  in  the  matter  of  taxa- 
tion, because  it  does  not  provide  for  the  collection  of  delinquent 
taxes ;  for  this  purpose  it  relies  on  the  general  tax  laws.  But  these 
are  not  perfect  so  far  as  relates  to  the  schools,  because  they  require 
the  moneys  received  for  delinquent  taxes  to  be  paid  to  the  Town- 
ship Treasurer,  and  do  not  require  that  they  shall  be  returned  to 
or  paid  over  to  the  Township  Collector  to  be  placed  to  the  credit 
of  the  School  Districts.  But  law  never  contemplates  its  own 
defeat,  nor  can  it  justify  injustice  or  misapplication  of  money, 
and  we  cannot  shield  ourselves  with  one  law  while  violating 
another.  We  must  take  the  tax  acts  and  the  school  acts  together, 
and  carry  out  the  spirit  as  well  as  the  letter  of  both. 

No.  19.— Meetings  for  the  Election  of  District  Clerk. 

The  School  Law  provides  that  school  trustees  shall  meet  for 
the  election  of  a  District  Clerk  within  ten  days  of  the  annual 


DECISIONS  BY  STATE  SUPERINTENDENT.       141 

election  of  school  trustees.  Neither  the  time  nor  the  place  is 
definitely  fixed.  ,  The  law  is  silent  as  to  who  shall  call  the  meet- 
ing and  fix  the  time  and  place.  The  trustees  may  do  it  them- 
selves at  a  previous  meeting,  or  a  majority  of  them  may  agree 
upon  and  sign  a  call  to  be  duly  sent  to  the  minority.  If  this  is  not 
done  by  the  trustees,  or  a  majority  of  them,  it  is  plainly  the  duty 
of  the  clerical  officer  of  the  district,  viz.,  the  District  Clerk,  to 
call  such  meeting,  and  name  the  time  and  place. 


BLANKS  AND  FORMS 

FOR  SCHOOL  OFFICERS. 


BUNKS  AND  FORMS  FOR  SCHOOL  OFFICERS. 


The  following  Forms  have  been  prepared  for  the  use  of  all 
officers  having  duties  to  discharge  under  the  School  Law.  Their 
use  will  secure  uniformity  and  correctness  in  the  transaction  of 
financial  and  general  school  business.  The-  literal  use  of  these 
Forms  is  in  no  case  essential  to  the  validity  of  a  school  instru- 
ment. Any  Form  may  be  used  which  clearly  expresses  the 
objects  designed,  or  the  intention  of  the  parties  interested,  and 
conforms  in  all  respects  to  the  requirements  of  the  law,  but  as 
those  annexed  have  been  prepared  with  strict  reference  to  these 
necessary  conditions,  their  use  is  recommended.  The  blank 
spaces  are  to  be  filled  to  meet  the  varying  circumstances  in  each 
case.  These  Forms  have  been  submitted  to  and  approved  by 
the  State  Board  of  Education. 

EDWIN  O.  CHAPMAN", 

State  Superintendent  of  Public  Instruction. 


Blanks  and  Forms. 


COUNTY  SUPERINTENDENTS. 

Form  No.  2c. 

REPORT  OF  THE  AGES  OF  SCHOOL  CHILDREN  IN COUNTY, 

CENSUS  OF  1891. 

To  ,...,  State  Superintendent : 

I  hereby  report  the  ages  of  Children,  according  to  the  census 
of  1891 : 

Number  between    5  and  6   years  of  age, 

6     "  7      "  «        .  

«            «          7     u  8  <<            << 

«            «          8     "  9  "            " 


u  «  12  «  13  «  « 

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"  "  15  "  16  "  " 

u  u  ig  u  17  u  a 

a  u  u  a  u 


Total, 


Number  of  Children  under  15  years  of  age  employed  in 

factories  or  stores,    .         

Number  of  Children  over  10  years  of  age  unable  to  read, 

^County  Superintendent. 

N.  B.— County  Superintendents  should  not  include  the  cities  in  this  report, 
as  the  City  Superintendents  report  these  statistics  for  their  respective  cities. 


(147) 


148 


BLANKS  AND  FORMS 


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151 


Form  No,  17a. 

REPORT  OF  THE  APPORTIONMENT  OP  SCHOOL  MONEYS,  BY  DIS- 
TRICTS, FOR  THE  COUNTY  OF ,  STATE  OF  NEW  JERSEY, 

FOR  THE  SCHOOL  YEAR  ENDING  AUGUST  31,  1891. 


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TRICTS OR  CITIES. 

No.  of  District. 

Number  of  Children  in  the  District  betwe 
5  and  18  years  of  age. 

Amount  of  Apportionment  from  State  Appi 
priation,  including  State  School  Tax  a 
$100,000. 

Amount  of  Apportionment  from  Townsh 
Tax.  * 

Amount  of  Apportionment  from  Surp 
Revenue. 

Amount  of  District  School  Tax  voted  for  ps 
ment  of  Teachers'  Salaries. 

Amount  of  District  School  Tax  voted  to 
used  for  Building,  Purchasing,  Hiring,  I 
pairing  or  Furnishing  Public  School  Hous 

Total  Amount  of  District  School  Tax  order 
to  be  raised. 

Total  Amount  received  from  all  sources  J 
Public  School  purposes. 

This  report  is  to  be  made  to  the  State  Superintendent  at  the 
close  of  the  school  year. 


152 


BLANKS  AND  FORMS 


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156  BLANKS  AND  FORMS 

Form  No.  24. 
REPORT  OF  TEACHERS'  CERTIFICATES  GRANTED  IN ,.  COUNTY, 


Number  of  First  Grade  granted  to  males,      .         .         

Number  of  First  Grade  granted  to  females, 

Number  of  Second  Grade  granted  to  males,.         .         

Number  of  Second  Grade  granted  to  females,        .         

Number  of  Third  Grade  granted  to  males, 

Number  of  Third  Grade  granted  to  females,         .         .     

Total  number  granted  to  males,     .         .         .         .         

Total  number  granted  to  females,  .         .         

Total  number  granted,   ......         

Number  of  male  applicants  rejected,      .         .         

Number  of  female  applicants  rejected,   .         .         .         

Total  number  rejected,  .         .         .         .         .         .         

Number  of  Certificates  revoked,   .         .         .         .         

Per  cent,  of  rejections  out  of  the  whole  number  exam- 
ined,        .         

,  County  Superintendent. 

This  report  is  to  be  made  to  the  State  Superintendent  as  soon  after  the  first 
of  September  as  possible. 


Form  No.  27.— Notice  of  Institute. 

,  N.  J., ,  18 

The  Teachers'  Institute  for  County  will  be  held  at 

,  commencing 18...,  and  closing  18.... 

,  County  Superintendent. 

RULE  PRESCRIBED  BY  THE  STATE  BOARD  OF  EDUCATION. — "All  Teachers  are 
required  to  attend  the  Annual  Institute,  held  for  the  county  in  which  they  are 
teaching,  and  no  deduction  shall  be  made  by  Trustees  from  the  salary  of  any 
Teacher  for  the  time  he  or  she  is  in  attendance  upon  said  Institute." 


FOR  SCHOOL  OFFICERS. 


157 


Form  No.  28.— Certificate  of  Teacher's  Attendance  at  Institute. 

K  J., ,18 

To  the  Trustees  of  School  District  No : 

I  hereby   certify  that  has  been  in  attendance   at  the 

Annual  Institute  of  the  County,  just  closed,  days. 

,  County  Superintendent. 


Form  No.  33. 

REPORT  OF  THE  CONDITION  OP  SCHOOL  LIBRARIES  IN  .........  COUNTY. 


NOTE.—  The  Library  year  coincides  with  the  State  fiscal  year,  beginning 
November  1st  and  ending  October  31st. 


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Form  No.  34.— Statement  of  Expenses. 

K  J., ,18 

To  the  State  Board  of  Education : 

I  herewith  submit  a  statement,  by  items,  of  the  expenses  I  have 
incurred  in  the  performance   of  my  official  duties  as   County 

Superintendent  of  County,  for  the  six  months  ending 

,18 


158  BLANKS  AND  FORMS 


OFFICE    EXPENSES. 

Postage, 

Expressage,     ....... 

Stationery, 

Printing, 

MISCELLANEOUS    EXPENSES. 


EXPENSES   INCURRED    IN   VISITING   SCHOOLS. 

Week  ending ,  visited  Schools  NOB 

Weekending ,  visited  Schools  Nos 

SUMMARY. 

Office  expenses,      .         .         .         .         .         .         .         

Miscellaneous  expenses, .         .         .         .         .         .         

Expenses  incurred  in  visiting  schools,    .         .         .         

Total,         

Total  number  of  districts  in  the  County,         

Total  number  visited  during  the  six  months  ending , 

18 , 

STATE  OF  NEW  JERSEY,  ) 

COUNTY.         J   ' 

On  this  day  of ,  18 ,  before  me  personally 

appeared ,  County  Superintendent  of County,  who, 

on  his  oath,  saith  that  the  within  statement  is  true,  and  that,  to 

the  best  of  his  knowledge  and  belief,  he  has,  during  the  time  for 

which  this  statement  is  made,  faithfully  performed  all  the  duties 

imposed  by  the  School  Law  and  by  the  regulations  of  the  State 

Board  of  Education. 

Sworn   and    subscibed    before  1 

me  this day  of ,  18 /  


Form  No.  53.— Order  on  County  Collector  for  the  $1OO,OOO 
Appropriation. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  \ 

,N.J., ,18 / 

To  the  Collector  of County: 

Pay  to  the  order  of  the  Collector  of Township, foo 

Dollars,  being  the  amount  apportioned  out  of  the  State  Appro- 


FOR  SCHOOL  OFFICERS.  159 


priation  of  $100,000  for  the  support  of  Public  Schools  in  said 

Township,  for  the  School  Year  beginning  September  1st,  18 

$ ,  County  Superintendent. 


Form  No.  54.— Order  on  the  County  Collector  for  the  State 

School  Tax. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

,KJ., ,18.... 

To  the  Collector  of County: 

Pay  to  the  order  of  the  Collector  of Township,  

^Dollars,  being  the  amount  apportioned  out  of  the  State  School 
Tax  for  the  support  of  Public  Schools  in  said  Township,  for  the 

School  Year  beginning  September  1st,  18 

$ , ,  County  Superintendent. 


Form  No.  55. — Order  on  the  County  Collector  for  the  Interest  of 

Surplus  Revenue. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

,KJ, ,18.... 

To  the  Collector  of County: 

Pay  to  the  order  of  the  Collector  of  Township, 

i^oDollars,  being  the  amount  apportioned  out  of  the  Interest  of 
the  Surplus  Revenue  for  the  support  of  Public  Schools,  for  the 

School  Year  beginning  September  1st,  18 

$ ,  County  Superintendent. 


Form  No.  56.— Order  on  County  Collector  for  Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  "I 

,KJ., ,18....     / 

To  the  Collector  of County : 

Pay  to  the  order  of  the  Collector  of  Township,  

fooDollars,  being  the  amount  of  Balance  of  the  State  appropri- 


160  BLANKS  AND  FORMS. 

ation  re-apportioned  to  districts  ot  said  Township  for  the  sup- 
port of  Public  Schools,  for  the  School  Year  beginning  September 

1st,  is: 

$ ,  County  Superintendent. 


Form  No.  57.— Order  on  the  County  Collector  for  Examiner's 

Salary. 

No. OFFICE  OF  COUNTY  SUPERINTENDENT,  \ 

N.J., ,18 ,     / 

To  the  Collector  of County: 

Pay  to  the  order  of  .. ,  County  Examiner, 

fooDollars,  being  the  amount  due  him  for  services  and  traveling 

expenses  at  the  ,  18 ,  session  of  the  Board  of  County 

Examiners. 

$ ,  County  Superintendent. 


Form  No.  8O. 


OFFICE  OF  COUNTY  SUPERINTENDENT, 


N.  J., 18 


NDENT,  \ 


DEAR  SIR  : — There  will  be  a  meeting  of  the  Township  Board 

of  Trustees  of Township  at  , on ,  18 ,  at 

o'clock. 

,  County  Superintendent. 

NOTE. — The  law  requires  that  the  Township  Boards  of  Trustees  shall  meet 
semi-annually  at  such  times  and  places  as  the  County  Superintendent  may 
appoint. 


Form  No.  81.— Appointment  to  fill  a  Vacancy  in  a  Board  of 

Trustees. 

To  : 

The  office  of  one  of  the  Trustees  of  School  District  No , 

in  the  County  of  ,  having  become  vacant  through  failure 


FOE  SCHOOL  OFFICERS.  161 

of  the  District  to  elect  according  to  law  [or  for  any  other  reason], 
you  are  hereby  appointed  to  fill  such  vacancy,  until  the  next 
annual  meeting  for  the  election  of  Trustees  in  said  District. 

Dated  this  day  of  ,  18 

,  County  Superintendent. 


Form  No.  82.— Appointment  of  a  District  Clerk.  , 

To   : 

The  office  of  District  Clerk  of  School  District  No ,  in  the 

County  of  ,  being  vacant  through  failure  of  the  Trustees 

to  elect  according  to  law  [or  for  any  other  reason],  you  are  hereby 
appointed  to  fill  such  vacancy  until  the  next  annual  meeting  for 
the  election  of  Trustees  in  said  District. 

Dated  this  day  of  ,  18 

,  County  Superintendent. 


Form  No.  83.— Appointment  of  Trustees  for  a  New  District. 

To  : 

Having,  on  the  day  of ,18 ,  formed  a  new 

School  District,  to  be  known  as  School  District  No ,  in 

the  County  of ,  comprising  the  following  territory:  [here 

insert  the  description  of  the  District,]  you  are  hereby  appointed 
Trustee  [and  District  Clerk,  if  such  is  the  fact,"]  for  said  District 
until  the  next  annual  meeting  for  the  election  of  Trustees. 

I  have  appointed  as  your  associates  Messrs and 


Dated  this day  of ...,  18 

,  County  Superintendent. 

NOTE.— When  two  Districts  are  united  they  each  become  extinct  and  a  new 
District  is  formed,  and  the  Trustees  of  the  extinct  Districts  cannot  continue  to 
act  as  Trustees  of  the  new  one,  but  an  entire  new  Board  must  be  appointed  by 
the  County  Superintendent. 
10 


162  BLANKS  AND  FORMS 


Form  No.  84.— Bequest  for  District  Clerk  to  Call  a  Special  School 
Meeting  for  Establishing  a  Graded  School. 

To  ,  District  Clerk  of  School  District  No , 

in  the  County  of : 

x  SIR — You  are  hereby  requested  to  call  a  special  meeting  of  the 

legal  voters  of  your  District,  on  the day  of ,18 , 

at o'clock  in  the  noon,  for  the  purpose  of  acting 

upon  the  question  of  uniting  with  Districts  Nos and  , 

etc*,  in  establishing  and  maintaining  a  Graded  School  in  accord- 
ance with  the  provisions  of  Section  61  of  the  School  Law. 

Dated  this  day  of ,  18 

,  County  Superintendent. 

NOTE. — The  above  request  is  only  to  be  given  when  there  is  a  known  desire 
on  the  part  of  the  inhabitants  of  the  Districts  thus  notified  to  establish  a  Graded 
School.  A  separate  meeting  should  be  held  in  each  District  proposing  to  unite- 


Form  No.  85. — Order  Organizing  a  Union  School  District  for  the 
Purpose  of  Establishing  a  Graded  School. 

WHEREAS,  Districts  now  known  as  School  Districts  Nos 

and  ,  in  the  County  of  ,  did  in  accordance 

with  the  provisions  of  Section  61  of  the  School  Law,  agree  to 
unite  for  the  purpose  of  establishing  and  maintaining  a  Graded 
School,  at  public  meetings  called  by  order  of  the  County  Super- 
intendent, on  the  following  days,  to  wit :  School  District  No. 

on  the day  of ,  18 , ;  School  District  No. 

on  the  day  of ,  18 ;  and  School  District 

No on  the  day  of ...,  18 

Therefore,  it  is  hereby  ordered  and  made  known  that  said 
districts  are  united  for  the  purposes  set  forth,  to  be  known  here- 
after by  the  name  and  title  of .>... 

Given  under  my  hand  this  day  of  ,  18 

,  County  Superintendent. 

NOTE.— One  copy  of  the  above  order  must  be  furnished  to  each  Board  of 
Trustees  of  the  United  District,  and  one  copy  retained  by  the  County  Superin- 
tendent. 


FOR  SCHOOL  OFFICERS.  163 


Form  No.  86. — Order  Organizing  a  School  District. 

It  is  hereby  ordered  and  determined  that  the  following  shall 
hereafter  be  the  boundaries  of  School  District,  to  be  known  as 

District  Number ,  in  the  County  of  ,  State  of  New 

Jersey :  beginning  at  [here  describe  the  boundaries]. 

Given  under  my  hand  this day  of  ,  18 

,  County  Superintendent. 

Approved  this  .  day  of  ,  18 

.. .. ,  State  Superintendent. 

NOTE. — The  above  order  should  be  made  out  in  triplicate,  one  copy  to  be 
retained  by  the  County  Superintendent,  in  his  office,  one  copy  to  be  sent  to  the 
State  Superintendent,  and  the  other  to  be  held  by  the  Trustees.  The  State 
Board  prescribes  that  a  map  of  the  Districts  of  the  County  shall  be  drawn  by 
the  County  Superintendent,  and  sent  to  the  State  Superintendent,  to  be 
retained  in  his  office. 


Form  No.  87. — Notice  by  County  Superintendent  to  the  District 
Oleiks  of  Districts  to  be  affected  by  proposed  District  Changes. 

To  ,  District  Clerk  of  School  District  No , 

in  the  County  of : 

You  are  hereby  notified  that  I  will  be  present  at ,  on  the 

day  of ,  18 ,  at o'clock  in  the noon, 

to  decide  upon  certain  proposed  alterations  of  the  boundaries  of 
your  School  District.  The  attendance  of  your  Board  of  Trustees 
is  requested. 

Dated  this  day  of ,  18 

,  County  Superintendent. 


Form  No.  88. — Notice  to  Township  Collector,  directing  him  to  with- 
hold School  Moneys  from  a  Teacher. 

To  the  Township  Collector  of Township  : 

SIR  : — You  are  hereby  directed  to  withhold  all  further  pay- 
ment of  salary  to  ,  a  teacher  now  employed  in 


164  BLANKS  AND  FORMS. 

School  District  No ,  situated  in  your  Township,  said  Teacher 

not  being  in  possession  of  a  certificate  [or  not  having  kept  the  School 
Register],  as  is  required  by  the  School  Law. 

Dated  this  day  of ,  18 

,  County  Superintendent. 


Form  No.  89. — Notice  to  Township  Collector,  directing  him  to  with- 
hold School  Moneys  from  a  District. 

To  the  Township  Collector  of Township  : 

SIR  : — You  are  hereby  directed   to  withhold   [here  state   the 
amount  in  words]  from  the  school  moneys  apportioned  to  School 

District  No ,  situated  in  your  Township,  on  account  of  said 

District  [here  state  the  reason  why  the  money  is  withheld]. 

Dated  this day  of ,  18 

County  Superintendent. 

NOTE. — All  moneys  withheld  must  be  re-apportioned  the  next  year  among 
all  the  Districts  of  the  Township. 


Form  No.  9O. — Notice  of  Meeting  for  Examination  of  Teachers. 

Notice  is  hereby  given  that  there  will  be  a  meeting  of  the 
County  Board  of  Examiners  of  County,  for  the  examin- 
ation of  candidates  for  teachers'  certificates  at ,  on  , 

the  instant.     Each  applicant  for  a  certificate  should  be 

present  as  early  as o'clock  A.  M. 

/....,  County  Superintendent. 

,18 


Form  No.  91.— Notice  to  Teacher  Revoking  His  Certificate. 

To : 

SIR  : — The  certificate  of  qualification  held  by  you  as  a  Public 
School  Teacher  in  the  County  of ,  issued  on  the  day 


FOR  SCHOOL  OFFICERS.  165 

of ,  18 ,  is  hereby  revoked,  for  the  reason  that  [here 

state  reason  why  certificate  is  revoked.] 

Dated  this day  of 18 

,  County  Superintendent. 

See  Rule  5  of  the  State  Board  of  Education. 


Form  No.  92. — Notice  to  District  Clerk  informing  him  of  the  Revo- 
cation of  Teacher's  Certificate. 

To ...,  District  Clerk  of  School  District  No , 

of  the  County  of : 

SIR  : — You  are  hereby  notified  that  on  the  ........  day  of , 

18 ,  I  revoked  the  certificate  of  qualification  held  by 

,,  a  teacher  in  your  District,  for  the  reason  that,  in  my 

opinion,  the  said does  not  possess  the  requisite 

qualifications  as  a  teacher  in  respect  to  [moral  character,  learning, 
or  ability  to  teach,  as  the  case  may  be]. 

Dated  this  day  of ,  18 

,  County  Superintendent. 

i 

NOTE. — When  a  teacher's  certificate  is  revoked,  a  notice  similar  to  the  above 
should  also  be  sent  the  Collector  of  the  Township  in  which  the  Teacher  has 
been  engaged. 


Form  No.  93.— Notice  to  Township  Collector  of  Apportionment  of 

Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 
,KJ., ,18 

To  the  Collector  of Township: 

The  amount  of  balances  of  the  State  Appropriation  due  to 
Districts  of  your  Township,  under  the  act  of  1887,  have  been 
apportioned  as  follows : 
To  District  No $ 

«  u  u 

,  County  Superintendent. 


166  BLANKS  AND  FORMS 


Form  No.  94.— Notice  to  District  Clerk  of  Apportionment  of  Balances. 

OFFICE  OF  COUNTY  SUPERINTENDENT,  \ 

,  N.  J., ,  18 / 

,  D.  C.,  District  No 

I  have  this  day  apportioned  to  your  District,  from  the  Balances 

of  the  State  Appropriation,  the  sum  of  $ for  the  school 

year  beginning  September  1st,  18 

,  County  Superintendent. 


Form  No.  95.— Certificate  of  County  Superintendent  Jn  Appeals. 

OFFICE  OF  COUNTY  SUPERINTENDENT, 

,N.J., ,18 

To  ,  State  Superintendent  of  Public  Instruction  : 

SIR  : — I  transmit,  herewith,  a  full  and  correct  statement  of  the 
facts  and  the  documentary  evidence  presented  to  me  in  the  case 

of  vs ,  together  with  my  decision  thereon,  from 

which  appeal  has  been  taken  to  the  State  Department. 

I  certify  that  the  accompanying  statement  is  correct  to  the  best 
of  my  knowledge  and  belief. 

,  County  Superintendent  for County. 

NOTE. — The  above  certificate  should  be  furnished  by  the  County  Superin- 
tendent in  cases  of  appeal,  when  requested  by  the  State  Superintendent. 


Form  No.  96.— Form  of  Certificate  Condemning  a  School  House. 

This  is  to  certify  that  I,  the  undersigned,  have  this  day  con- 
demned the  public  school-house  in  District  No ,  in  the 

County  of ,  as  being,  in  its  present  condition,  unfit  for  use. 

Dated  this day  of ,  18 

,  County  Superintendent. 

NOTE.— This  certificate  is  held  by  the  County  Superintendent,  and  the  school- 
house  remains  condemned  until  repaired  or  rebuilt. 


FOR  SCHOOL  OFFICERS.  167 


FORMS  FOR  CITY  SUPERINTENDENTS. 

Form  No.  2b. 

REPORT  OF  THE  AGES   OF   SCHOOL   CHILDREN  ENROLLED  IN  THE 
SCHOOLS  OF CITY. 

To  ,  State  Superintendent : 

I  hereby  report  the  ages  of  children  who  have  been  in  attend- 
ance at  the  Public  Schools  of City,  for  the  School  Year 

commencing  September  1st,  1890,  and  ending  August  31st,  1891. 


Number  between    5  and    6   years  of  age, 


U 

tt 

6 

tt 

7 

« 

tt 

tt 

tt 

7 

tt 

8 

U 

tt 

tl 

tt 

8 

tt 

9. 

it 

tt 

tt 

tt 

9 

tt 

10 

tt 

tt 

tt 

tt 

10 

tt 

11 

tt 

tt 

tt 

tt 

11 

tt 

12 

tt 

tt 

tt 

tt 

12 

tt 

13 

tt 

tt 

tt 

tt 

13 

tt 

14 

tt 

tt 

tt 

tt 

14 

tt 

15 

tt 

It 

tt 

it 

15 

tt 

16 

tt 

tt 

tt 

tt 

16 

tt 

17 

tt 

tt 

tt 

tt 

17 

tt 

18 

tt 

tl 

Total, 

• 

• 

• 

,  City  SuToerm 

This  report  should  be  sent  to  the  State  Superintendent  at  the  close  of  the 
School  Year. 


168  BLANKS  AND  FORMS 


Form  No.  2c. 

REPORT  OF  THE  AGES   OF   SCHOOL  CHILDREN  ENROLLED   IN  THE 
SCHOOLS  OF CITY. 

To State  Superintendent: 

I  hereby  report  the  ages  of  children  according  to  the  census 
of  1891.  * 

[Balance  of  report  same  as  Form  No.  2c,  page  147.] 

This  report  should  be  sent  to  the  State  Superintendent  at  the  close  of  the 
school  year. 


Form  No.  11.— Condition  of  School-houses. 

This  form  is  for  reporting  the  condition  of  the  school-houses 
in  the  city  to  the  State  Superintendent,  and  is  the  same  as  Form 
No.  10,  page  148. 

This  report  should  be  sent  to  the  State  Superintendent  at  the  close  of  the 
school  year. 


Form  No.  14.— Condition  of  Schools. 

This  form  is  for  reporting  the  condition  of  the  schools  in  the 
cities  to  the  State  Superintendent,  and  is  the  same  as  Form  No. 
13,  on  page  149. 

This  report  should  be  sent  to  the  State  Superintendent  at  the  close  of  the 
school  year. 


FOR  SCHOOL  OFFICERS.  169 


Form  No.  15. 

FINANCIAL  REPORT CITY,  INCLUDING  ALL  EXPENDITURES 

FOR  EDUCATIONAL  PURPOSES. 

CURRENT  EXPENSES. 

Amount  expended  for  Teachers'  salary,          .         .         .  $ 

Amount  expended  for  Superintendent's  salary,       .         .     , 

Amount  expended  for  Janitors'  fees,      

Amount  expended  for  Clerk's  and  Treasurer's  fees,        

Amount  expended  for  fuel  and  light,     

Amount  expended  for  incidentals,          .         .         .         


Total  current  expenses, $, 

PERMANENT    EXPENSES. 

Amount  expended  for  building,  including  debt 

and  interest,         ......  $ 

Amount  expended  for  repairs, 

Amount  expended  for  furniture,        .        .         

Amount  expended  for  apparatus,        

Amount  expended  for  books  and  stationery,      

Amount  expended  for  printing  and  advertising,     

Amount  expended  for  taking  census,         .         


Total  expense  for  building,  etc.,       .         .         .  $. 
Grand  total, $. 


This  report  should  be  sent  to  the  State  Superintendent  at  the  close  of  the 
school  year. 


Form  No.  15a. 
REPORT  OF  EVENING  SCHOOLS   CITY. 

Number  of  evenings  the  schools  have  been  kept  open,  . 

Number  enrolled, 

Average  evening  attendance, 


170  BLANKS  AND  FORMS 


Number  of  teachers,  .         .         .         .         .         .         

Average  salary  per  week  to  teachers,     .  .         .         .  $ 

Total  expenditure  for  evening  schools,       .         .         .       $ 

,  City  Superintendent. 

This  report  should  be  sent  to  the  State  Superintendent  at  the  close  of  the 
school  year. 


Form  No.  16.— City  Superintendent's  Annual  Report. 

1.  Amount  due  the  city  September  1st,  1890,  from  all 

sources,  for  teachers'  salaries  and  fuel,  .  .  $., 

2  Amount  due  the  city  September  1st,  1890,  from  city 
Tax  (or  Appropriation)  for  building  and  repair- 
ing school-houses,  including  amount  raised  for 
payment  of  debt  and  interest, 

3.  Total  amount  due  the  city  September  1st,  1890,       .     ., 

4.  Amount  expended  for  teachers'  salaries,          .         . 

5.  Amount  expended  for  fuel,      .         .         .         .         . 

6.  Amount  expended  for  building  or  repairing  (includ- 

ing debt  and  interest),          

7.  Amount  expended  for  all  other  purposes,         .         .     ,. 

8.  Total  amount  expended,  .         .         .         .         .         . 

9.  Amount  of  School  Tax  voted  for  the  payment  of 

teachers'  salaries  (exclusive  of  State  School  tax), 

10.  Amount  of  School  Tax  voted  for    building,  pur- 

chasing, hiring,  repairing  or  furnishing  school- 
houses,         .......... 

11.  Amount  of  School  Tax  ordered  to  be  raised  (exclu- 

sive of  State  School  tax),     .        .        .        .        . 

12.  Total  value  of  school  property  in  the  city,       .         . 

13.  Whole  ftumber  of  children  between  five  and  eigh- 

teen years  of  age  residing  in  the  city,          .         . 
1 L  Average  number  of  months  Schools  have  been  kept 

open .     .. 

15.  Whole  number  of  different  pupils  between  five  and 

eighteen  years   of  age   enrolled  in  the  Schools 

during  the  year,  .         .         .         .         .         .         .     .. 


FOR  SCHOOL  OFFICERS.  171 

16.  Number  who  have  attended  ten  months  or  more 

during  the  year,   .         .  .         .         .         

17.  Number  who  have  attended  eight  months  but  less 

than  ten,       .         .         .         .         .         .         .         

18.  Number  who  have  attended  six  months  but  less 

than  eight,  .         .         .         .         .         .         

19.  Number  who  have  attended  four  months  but  less 

than  six,       .         .         .         .         .         . 

20.  Number  who  have  attended  less  than  four  months,     

21.  Average  number  who  have  attended  the  Schools 

during  the  time  they  have  been  kept  open,          

22.  Number  of  children  in  the  city  attending  Private 

Schools,        .         .         

23.  Number  of  children  in  the  city  who  have  attended 

no  School  during  the  year,  . 

24.  Total  seating  capacity,      .         .         .         .         .         

25.  Number  of  Male  Teachers  employed,      .         .         

26.  Number  of  Female  Teachers  employed,  .         

27.  Average  salary  per  month  paid  to  Male  Teachers,     

28.  Average  salary  per  month  paid  to  Female  Teachers,     

,  City  Superintendent. 

This  report  should  be  verified  by  affidavit  and  sent  to  the  County  Superin- 
tendent at  the  close  of  the  School  Year. 


Form  No.  7O.— School  House  Bond  for  use  in  Incorporated  Cities. 

STATE  OF  NEW  JERSEY. 

DISTRICT  SCHOOL  BOND. 

No $ 

School  District  No ,  County. 

Know  all  men  by  these  presents,  that ,  in  the  county  of 

,  which  municipality  is  also  designated  and  known  as 

School  District  No ,  in  the  county  of  ,  is  justly 

indebted  unto  "  The  Trustees  for  the  Support  of  Public  Schools 


172  BLANKS  AND  FOKMS 

of  the  State  of  New  Jersey"  in  the  sum  of dollars,  lawful 

money  of  the  United  States  of  America,  to  be  paid  to  the  said 
"  The  Trustees  for  the  Support  of  Public  Schools  of  the  State  of 

New  Jersey  "  on  the  day  of  ,  eighteen  hundred 

and  ,  at  the  Bank,  at ,  with  interest  therefor 

from  the  date  hereof,  at  the  rate  of  five  per  centum  per  annum, 

payable  annually  on  the  day  of  in  every  year,  at 

the  Bank,  at ,  on  the  presentation  of  the  annexed 

coupons  as  they  severally  become  due. 

This  is  one  of  a  series  of  coupon  bonds,  amounting  in  the 

aggregate  to  the  sum  of dollars,  numbered  from 

to  ,  both  inclusive.     And  all  of  said  bonds  have  been 

issued  for  money  borrowed  by  the  said for  the  pur- 
pose of  building  a  school-house  in  said  municipality  or  School 
District,  pursuant  to  the  statute  entitled  "A  further  supplement 
to  an  act  entitled  'An  act  to  establish  a  system  of  public  instruc- 
tion '  (Revision),  approved  March  twenty-seventh,  one  thousand 
eight  hundred  and  seventy-four,"  which  said  supplement  was 
approved  May  sixth,  one  thousand  eight  hundred  and  eighty- 
nine,  and  by  and  with  the  consent  of  the of  said 

municipality  lawfully  given,  on  the  day  of in  the 

year  one  thousand  eight  hundred  and ,  said .. 

being  the  body  having  charge  and  control  of  the  finances  of  said 
municipality;  and  this  bond,  by  virtue  of  the  provisions  of  said 
statute,  is  made  a  first  lien  upon  the  lot  of  land  upon  which  the 
school-house  which  shall  be  erected  with  the  proceeds  of  the 
sale  of  said  bonds,  and  also  a  first  lien  upon  said  school-house 
and  all  other  improvements,  of  whatever  nature,  that  are  now  on 
or  that  may  hereafter  be  placed  on  said  lot. 

In  witness  whereof,  on  this day  of  ,  in  the  year 

one  thousand  eight  hundred  and  ... ,  this  bond  is  signed  by 

the  President  and  Secretary  of  the of  said  School  District, 

and  attested  by  the  Secretary  under  the  seal  of  the  District. 

,  President. 

,  Secretary  of  the  Board 

Attest:  of of  the 

,  Secretary. 


FOR  SCHOOL  OFFICERS.  173 


DISTRICT  SCHOOL  BOND  COUPON. 


Interest  warrant  for   dollars,  payable  at  the 

Bank,  at  ,  New  Jersey,  to  the  Trustees  for  the  Support  of 

Public  Schools  of  the  State  of  New  Jersey, ,18 ,  for 

twelve  months'  interest  on  Bond  No 


Secretary. 

The  within  bond  having  been  issued  by  and  with  the  consent 

of  the  of  the ,  the  payment  of  the  same  is  hereby 

guaranteed  by 

In  witness  whereof,  on  this  day  of  ,  in  the  year 

one  thousand  eight  hundred  and  ,  the  of  said 

municipality  have  hereunto  signed  their  names  and  affixed  the 
corporate  seal  of  said  municipality. 


Attest : 


For  forms  for  Application  for  State  Aid  to  School  Libraries,  Appli- 
cation Jor  Slate  Aid  for  Manual  Training,  Application  for  Loan  from 
State  School  Fund,  and  Eeport  of  School  Debt  see  under  heading 
"  DISTRICT  CLERKS." 


174  BLANKS  AND  FORMS 


FORMS  FOR  DISTRICT  CLERKS. 

Form  No.  3. 

CENSUS  OF  SCHOOL  DISTRICT  OF ,  No ,  IN TOWNSHIP, 

COUNTY,  STATE  OF  NEW  JERSEY,  FOR  THE  YEAR  1892. 


1.  Number  of  Children  under  15  years  of  age  employed  in  factories 

or  stores.    Indicate  by  X  in  Column  1 : 

2.  Number  of  Children  in  the  District  attending  Private  Schools. 

Indicate  by  X  in  Column  2 

3.  Number  of  Children  that  have  attended  no  School  during  the 

year.    Indicate  by  X  in  Column  3 

4.  Number  of  Children  over  ten  years  of  age  unable  to  read.    Indi- 

cate by  X  in  Column  4 


INSTRUCTIONS    TO    THE   DISTRICT    CLERK. 

1.  Two  of  these  blanks  are  furnished,  each  of  which  should  .be  carefully 
filled  ;  one  is  to  be  preserved  for  the  use  of  the  Trustees  of  the  District,  and 
the  other  to  be  sent  to  the  County  Superintendent  on  or  before  the  tenth  day 
of  June. 

2.  The  School  Census  here  reported  must  be  for  the  entire  District,  whether 
it  is  situated  in  one  township  or  more.    If  the  District  is  situated  in  two 
Counties,  report  must  be  made  for  the  entire  District,  and  sent  to  the  County 
Superintendent  of  that  County  in  which  the  fraction  containing  the  school- 
house  is  situated. 

3.  The  law  requires  that  the  School  Census  shall  be  taken  during  the  month 
of  May. 

4.  In  taking  the  District  Census  the  directions  in  Section  59  of  the  School 
Law  should  be  carefully  observed,  so  that  no  child  will  be  enrolled  in  two 
Districts.    No  person  who  is  18  years  of  age  on  or  before  the  31st  day  of  May 
of  this  year  can  be  included  in  this  census,  nor  can  anyone  be  included  who 
is  not  5  years  of  age  on  or  before  the  31st  of  May,  even  if  he  lacks  but  a 
single  day. 

5.  To  ascertain  the  number  of  children  attending  private  schools  (item  2), 
the  District  Clerk,  while  taking  the  Census,  should  note  all  those  who  have 
attended  such  schools  during  the  year.    Those  children  who  have  attended 
both  the  public  and  private  schools  during  the  year  are  to  be  recorded  only  as 
attending  the  public  school. 

6.  By  a  recent  act  of  the  Legislature,  census  takers  are  required  to  report 
whether  children  are  vaccinated  or  not.    Those  who  are  not  may  be  designated 
X  in  Column  5. 

7.  The  totals  in  Columns  1,  2,  3  and  4  should  be  placed  in  the  blank  spaces 
at  the  head  of  this  sheet. 

8.  This  report  cannot  be  accepted  unless  all  the  blanks  are  filled. 

EDWIN  O.  CHAPMAN, 
State  Superintendent  of  Public  Instruction. 


FOR  SCHOOL  OFFICERS. 


175 


NAMES    AND    AGES  OF    CHILDREN   BETWEEN  5    AND    18  YEARS    OF   AGE, 
AND  THE  NAMES  OF  THEIR  PARENTS  OR  GUARDIANS. 


PARENTS  OR  GUARDIANS. 


No. 


CHILDREN. 


OF  THE 

•UNIVERSITY 


AGE.  12345 


STATE  OF  NEW  JERSEY,  \ 

COUNTY.  j 

Before  me  personally  came  ,  Clerk  of  School  District 

No.  ..,...,  who  made  oath  (or  affirmation)  that,  to  the  best  of  his 

knowledge  and  belief,  the  facts  here  reported  are  true,  and  that 

the  children  herein  enumerated  are  between  the  ages  prescribed 

in  the  law,  and  are  not  included  in  the  census  of  any  other 

District. 

Sworn  and  subscribed  before  me,  this  ) 

of ,  A.D.  1892.      V  


Number  of  Children  between  5  and    6  years  of  age, 


6 


it 

7 

tt 

8 

a 

tt 

8 

tt 

9 

tt 

tt 

9 

tt 

10 

tt 

tt 

10 

« 

11 

tt 

tt 

11 

tt 

12 

tt 

tt 

12 

tt 

13 

tt 

It 

13 

tt 

14 

tt 

tt 

14 

" 

15 

tt 

t. 

15 

a 

16 

tt 

tt 

16 

tt 

17 

tt 

tt 

17 

tt 

18 

tt 

Number  of  unsectarian  private  schools  in  the  District 
having  25  pupils  or  more,  .  .  .  . 

Number  of  sectarian  private  schools  in  the  District 
having  25  pupils  or  more,  .... 


176  BLANKS  AND  FORMS 


Form  No.  3a. 

REPORT  OF  ..........  CLERK  OF  SCHOOL  DISTRICT  OF  ,  No. 

,  IN TOWNSHIP, COUNTY,  STATE  OF  NEW 

JERSEY,  FOR  THE  YEAR  ENDING  AUGUST  31sT,  1892. 

FINANCIAL  REPORT. 

SIR — I  herewith  submit  the  Financial  Report  of  School  Dis- 
trict No ,  for  the  School  year  ending  August  31st,  1892. 

RECEIPTS. 

Balance  of  State  Funds,  Surplus  Revenue  and  Township 

Funds  in  hands  of  Collector,  August  31st,  1891,  $ 

Balance  of  District  Tax  for  Teachers's  salaries  in  hands 

of  Collector,  August  31st,  1891,  

Balance  of  District  Tax  for  other  purposes  in  hands  of 

Collector,  August  31st,  1891,  

Apportionment  from  State  Appropriation  of  $100,000,     

Apportionment  from  State  School  Tax,          

Apportionment  from  Surplus  Revenue, 

Apportionment  from  Township  School  Tax,  .         

Amount  of  District  Tax  voted  for  Teachers'  salaries, 

for  year  ending  August  31st,  1892,  

Amount  of  District  Tax  voted  for  building  and  repair- 
ing, for  year  ending  August  31st,  1892,  .  


Total  receipts,       .        .        . 

EXPENDITURES. 

Amount  expended  for  Teachers'  wages, 

Amount  expended  for  fuel, 

Amount  expended  for  building  and  repairing  school- 
house,      .         .         .         .         .         . 

Amount  expended  for  incidentals,          . 

Total  expenditures        . 


Balance  of  State  Funds,  Surplus  Revenue  and  Town- 
ship Funds  due  the  District,  August  31st,  1892,      .  $, 


FOE  SCHOOL  OFFICERS.  177 


Balance  of  District  Tax  for  Teachers'  salaries  due  the 
District,  August  31st,  1892, 

Balance  of  District  Tax  for  other  purposes  due  the  Dis- 
trict, August  31st,  1892, 


1.  Amount  of  District  Tax  voted  to  be  used  for  pay- 

ment of  Teachers'  salaries  from  September  1st, 
1892,  to  August  31st,  1893  (this  must  not  include 
•     any  moneys  apportioned  to  the  District  by  the 
County  Superintendent), $ 

2.  Amount  raised  by  special  District  Tax  for  building, 

purchasing,  hiring,  repairing  or  furnishing  pub- 
lic school-houses,  or  incidentals,  from  September 
1st,  1892,  to  August  31st,  1893,  .  . 

3.  Present  value  of  school  property, 

4.  Average  number  of  months  the  schools  have  been 

kept  open  (twenty  days  constitute  a  month). 
(Use  decimals), .  . 

5.  Number  of  children  between  five  and  eighteen  years 

of  age  enrolled  in  the  School  Register  during  the 
year, 

6.  Number  who  have  attended  ten  months  or  more 

during  the  year, , 

7.  Number  who  have  attended  eight  months,  but  less 

than  ten, 

8.  Number  who   have  attended  six  months,  but  less 

than  eight,  ........ 

9.  Number  who  have  attended  four  months,  but  less 

than  six,       ......*., 

10.  Number  who  have  attended  less  than  four  months,     , 

11.  Average  number  who  have  attended  school  during 

the  time  it  has  been  kept  open,  .     , 

12.  Number  of  children  the  school-house  will  seat  com- 

fortably,        

13.  Number  of  male  Teachers  employed,      .         .         .     , 

14.  Number  of  female  Teachers  employed,    .  .     , 

11 


178  BLAKKS  AKD  FOEMS 

15.  Average  salary  per  month  paid  to  male  Teachers,  .  $ 

16.  Average  salary  per  month  paid  to  female  Teachers,  $ 

,  District  Clerk. 

This  report  must  be  verified  by  affidavit  and  sent  to  the  County  Superinten- 
dent at  the  close  of  the  School  year. 


Form  No.  6. 
REPORT  OF  THE  TOWNSHIP  COMMITTEE  OF TOWNSHIP. 

I  herewith  submit  the  Financial  Report  of  School  District  No. 
for  the  school  year  ending  August  31st,  1892. 

[Balance  of  report  same  as  the  Financial  Report  in  Form  No.  3a. 
This  report  must  be  sent  to  the  Township  Committee  by  September  10th.'] 


Form  No.  6a.— Report  of  District  Clerk  to  County  Superintendent 
of  the  Amount  of  District  School  Tax  ordered  to  be  raised. 

To ,  County  Superintendent  of County: 

The  legal  voters  of  School  District  No ,  in  the  County 

of. ,  met  at ,  a  convenient  public  place  within  the 

District,  on  the day  of  ,  18 ,  and  notice  thereof, 

setting  forth  the  time,  place  and  object  of  said  meeting,  specify- 
ing   dollars  as  the  amount  of  money  thought  necessary  to 

be  raised,  was  given  by  the  District  Clerk,  and  set  up  at  three 
public  places  within  the  District  ten  days  before  the  meeting, 
and  the  said  legal  voters,  so  met,  by  the  consent  of  a  majority  of 

those  present,  authorized  the  Trustees  of  said  District , 

and  ordered,  by  a  like  vote,  dollars  for  the  purpose  of 

,  and dollars  for  the  purpose  of ,  amounting 

in  all  to dollars,  which  sum  is  not  in  excess  of  the  amount 

thought  to  be  necessary  as  set  forth  in  the  notices. 

Dated  this day  of ,  18 

.  District  Clerk. 


FOR  SCHOOL  OFFICERS.  179 


STATE  OF  NEW  JERSEY,  1 

COUNTY  OF  .......  .      j 

,  being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  School  District  No ,  in  the  County  of 

,  and  that  the  above  statement  is  correct  and  true. 

Sworn  and  subscribed  before  me  this day  of ,18 


Form  No.  Gab  .—Certificate  of  the  amount  of  School  Tax  voted  to 
be  raised  in  a  School  District,  to  be  delivered  by  the  District 
Clerk  to  the  Township  Assessor. 

To  ,  Assessor  of  Township,  County,  State 

of  New  Jersey : 

The  legal  voters  of  School  District  No ,  in  the  County 

of ,  met  at  ,a  convenient  public  place  within  the 

District,  on  the  day  of ,  18 ,  and  notice  thereof, 

setting  forth  the  time,  place  and  object  of  said  meeting,  and 
specifying dollars  as  the  amount  of  money  thought  neces- 
sary to  be  raised,  was  given  by  the  District  Clerk,  and  set  up  at 
three  public  places  within  the  District,  ten  days  before  the  meet- 
ing; and  the  said  legal  voters,  so  met,  by  the  consent  of  a 
majority  of  those  present,  authorized  the  Trustees  of  said  District 
[to  purchase  land,  etc.,  as  the  case  may  be"],  and  ordered  by  a  like 

vote  dollars  for  the  purpose  of  [as  purchasing  land],  and 

dollars  for  the  purpose  of  [as  building  a  school-house'],  etc., 

amounting  in  all  to dollars,  which  sum  is  not  in  excess 

of  the  amount  thought  to  be  necessary,  as  set  forth  in  the  notices, 

and  you  are  therefore  directed  to  assess  the  said  sum  of  

dollars  on  the  inhabitants  of  said  School  District,  and  their 
estates,  and  the  taxable  property  therein,  pursuant  to  the  statute 
in  such  case  made  and  provided. 

Dated  this day  of ...,  18 

,  District  Clerk. 

STATE  OF  NEW  JERSEY,  V 

COUNTY  OF / 

,  being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  School  District  No ,  in  the  County  of 


180  BLAKKS  AOT)  FORMS 

,  and  that  the  above  statement  by  him  is  correct  and  true. 

Sworn  and  subscribed  before  me  this  ...  day  of  , 

18 

NOTES  TO  FORM  No.  Gab.— The  certificate  must  state  which  of  the  object  or 
objects  specified  in  Section  169,  for  which  the  money  is  raised.  3  Vr.  444.  If 
more  than  one  object  is  specified,  the  amount  of  money  apportioned  to  each 
must  be  stated.  7  Vr.  89. 

A  district  tax  ordered  for  the  purpose  of  "  maintaining  a  school  "  is  illegal. 
The  express  purpose  for  which  the  money  is  to  be  used  must  be  stated  and 
voted  upon. 

The  law  requires  that  notice  of  the  above  action  should  also  be  sent  to  the 
County  Superintendent. 


Form  No.  25.— Order  on  Township  Collector  for  Teacher's  Salary. 

No ,  K  J., ,  18 

To  ,  Township  Collector  for  the  Township  of , 

County  of ,  State  of  New  Jersey: 

Pay  to  the  order  of ,  Teacher,  ^Dollars, 

being  the  amount  of  salary  due  for  teaching  our  Public 

School  from  ,18 ,  to  ,18 

,Z>.  C.)          Trustees  of 

,  \  District  No , 

,  )      County  of 

I  hereby  certify  that ,  the  Teacher  in  whose  favor 

this  order  is  drawn,  is  in  possession  of  a  Teacher's  Certificate,  in 

full  force  and  effect,  and  that has  properly  kept  the  School 

Register,  as  required  by  law,  and  that  I  have  certified  thereto  in 

said  Eegister. 

,  District  Clerk. 

NOTE. — Money  raised  by  district  tax  can  be  used  for  such  school  purposes  as 
are  specified  at  the  meeting  at  which  the  money  is  ordered.  All  other  school 
money,  except  twenty  dollars  annually,  which  the  law  allows  for  incidental 
expenses,  must  be  reserved  for  the  payment  of  teacher's  salary  and  fuel  bills. 

Payments  can  only  be  made  for  the  support  of  those  schools  that  conform  in 
all  respects  to  the  provisions  of  the  School  Law,  and  to  those  teachers  only 


FOR  SCHOOL  OFFICERS.  181 


who  possess  certificates  in  full  force  and  effect,  covering  the  time  for  which 
salary  is  demanded,  and  who  have  kept  the  School  Register  in  the  manner 
prescribed. 

The  collector  should  invariably  refuse  to  pay  orders  until  he  is  satisfied  that 
all  these  conditions  have  been  complied  with. 


Form  No.  26.— Order  on  Township  Collector  for  District  School 
Tax  Raised  for  other  purposes  than  the  Payment  of  Teacher's 
Salary. 

To  ,  Township  Collector  for  the  Township  of , 

County  of ,  State  of  New  Jersey  : 

Pay  to  the  order  of ,  TTTTr  Dollars,  for  [here 

state  for  what  the  money  is  to  be  paid],  out  of  the  funds  raised  by 
District  School  Tax  in  our  District,  now  in  your  hands. 

,  D.  (7.)  Trustees  of 

,  \DistrictNo .., 

,  J       County  of 


Form  No.  29.— Notice  by  District  Clerk  to  County  Superintendent 
of  the  Election  of  Trustees. 

To  ,  County  Superintendent: 

SIR  : — You  are  hereby  notified  that  at  the  annual  meeting  in 

School  District  No ,  in  the  County  of ,  held  on  the 

day  of ,  18 , ,  was  elected  Trustee 

in  the  place  of ,  whose  term  had  expired. 

The  Board  of  Trustees  now  consists  of — 

Mr >... ,  whose  term  expires  18 

"    ,       "         "  "       18 

"    ,      "         "          "       18 

The  Trustees  have  elected  Mr. District  Clerk, 

whose  post  office  address  is 

,  Secretary  of  School  Meeting. 

NOTE. — This  notice  should  be  sent  to  the  County  Superintendent  as  soon 
after  the  election  as  possible.  It  may  be  sent  by  the  District  Clerk  or  the 
Secretary. 


182  BLANKS  AND  FORMS 


Form  No.  3O  .—  Application  for  State  Aid  to  Establish  a  School 

Library. 

.........  ,K  J.,  .........  ,18  ...... 

To  the  State  Superintendent  of  Public  Instruction  : 

SIR  :  —  We,  the  undersigned,  Trustees  of  School  District  No. 
.........  ,  of  the  Township  of  ............  ,  County  of  ............  ,  State 

of  New  Jersey,  do  hereby  certify  that  there  has  been  raised  in 
our  District,  by  subscription,  [or  entertainment,  as  the  case  may 
be,]  the  sum  of  ............  Dollars,  for  the  purpose  of  establishing 

a  School  Library  within  our  District,  in  accordance  with  the  pro- 
visions of  Section  190  of  the  revised  School  Law.  And  we, 
therefore,  request  you  to  send  an  order  for  the  amount  due  us 
from  the  State  in  accordance  with  the  further  provisions  of  said 
act. 


Trustees. 


STATE  OF  NEW  JERSEY,  ) 

County.  js 

,  Clerk  of  District  No ,  in  the  County  of 

,  being  duly  sworn,  on  his  oath  saith  that  the  within  state- 
ment is  true. 

Sworn  and  subscribed  before  me,  this) 

day  of ,  A.  D.  18 V  


NOTE. — The  first  appropriation  is  twenty  dollars,  and  subsequent  ones  ten 
dollars. 


Form  No.  31. — Report  of  Purchases  Made  for  School  Library. 

,  18 

To  the  State  Superintendent  of  Public  Instruction : 

I  hereby  report  that  the  following  purchases  have  been  made 
for  our  School,  with  the  amount  raised  in  the  District,  and  the 
appropriation  received  from  the  State. 

.District  Clerk. 

N.  B. — This  report  must  be  made  in  order  that  the  District  may  be  entitled 
to  future  payments.  It  should  give  the  names  and  prices  of  the  several  arti- 
cles purchased. 


FOR  SCHOOL  OFFICERS.  183 


Form  No.  52.— Report  of  District  Indebtedness. 


County,  District  No, 

Amount  of  debt  September  1st,  1890,  not  including  in- 
terest,    .  $ 

Amount  of  debt  incurred  since  September  1st,  1890,     .     , 

Nature  of  security,         ....... 

Date  of  issue,          .         . 

When  payable,        ........ 

To  whom  payable, 

Rate  of  interest,     .         .         . 

Amount  paid  during  year  ending  September  1st,  1891, 
not  including  interest,  ...... 

Amount  outstanding  September  1st,  1891,  not  including 
interest,  ......... 


I  hereby  certify  that  the  foregoing  is  a  correct  statement  of  the 

interest-bearing  indebtedness  of  District  No ,  in  the  County 

of  

.District  Clerk. 

This  report  should  be  sent  to  the  County  Superintendent  not  later  than  Sep- 
tember 10th. 


Form  No.  58.— Application  for  State  Aid  for  Manual  Training. 

To  the  State  Superintendent  ot  Public  Instruction  : 

SIR  : — We  hereby  certify  that  for  the  school  year  beginning 

September  1st,  18 ,  there  has  been  raised  by in  District 

No , in  the  County  of ,  the  sum  of dollars,  for  the 

purpose  of  course  of  Manual  Training  pursued  in  the 

Schools  of  the  District,  and  that  said  amount  has  been  appro- 
priated for  such  purpose. 

This  application  is  made  in  accordance  with  the  provisions  of 
the  act  of  the  Legislature  of  the  State  of  New  Jersey,  entitled 
"An  act  for  the  promotion  of  manual  training,"  approved  Febru- 


184  BLANKS  AND  FOEMS. 

ary  15th,  1888,  and  we  do  hereby  make  application  for  a  State 
appropriation  equal  to  the  sum  of  money  so  raised  and  appro- 
priated as  aforesaid. 


,  Trustees. 

Attest : 

,  District  Clerk. 


Form  No.  61.— Report  of  Proceedings  Authorizing   the   Issue  of 

Bonds. 

MINUTES  OF  TRUSTEES'  MEETING. 

Pursuant  to  notice  given  to  each  member,  the  Board  of  Trus- 
tees of  School  District  No ,  in  the  County  of ,  met 

at ,  on  the day  of ,  18 ,  at o'clock,. 

in  the  There  were  present  Messrs On  motion 

of  Mr it  was  resolved  that  the  District  Clerk  is  hereby 

directed  to  post  notices  calling  a  meeting  of  the  legal  voters  of 

the  district,  said  meeting  to  be  held  at ,  on  the 

day  of ,  at o'clock  in  the ,  and  that  in  said 

notices  he  state  the  following  items  of  business  to  be  acted  upon 
at  said  meeting : 


.,  District  Gterk. 


STATE  OF  NEW  JERSEY,  1 

COUNTY  OF / 

,  being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  School  District  No ,  in  the  County  of 

,  and  that  the  foregoing  is  a  true  copy  of  the  proceedings 

and  resolutions  adopted  by  the  Trustees  of  said  School  District 
at  a  meeting  held  on  the  day  of ,  18 

Sworn  and  subscribed  before  ^ 

me  this  day  of  >  

18 J 


FOR  SCHOOL  OFFICERS.  185 


NOTICE. 

Notice  is  hereby  given  to  the  legal  voters  of  School  District 
No. ,  in  the  County  of  ,  that  a school  meet- 
ing will  be  held  at ,  on  the  day  of ,  18 , 

at ....  o'clock  in  the  ,  at  which  meeting  will  be  sub- 
mitted the  following  propositions : 


The  amount  of  money  thought  to  be  necessary  for  the  fore- 
going is  dollars. 

To  authorize  the  Trustees  to  borrow  the  money  ordered  to  be 
raised  by  issuing  the  bonds  of  the  District. 

Dated ,  18 

,  D.  C.,)       Trustees  of 

V  School  District 

j        No 

STATE  OF  NEW  JERSEY,  \  ss 

COUNTY  OF / 

,  being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  School  District  No ,  in  the  County  of 

,  and  that  he  posted copies  of  a  notice,  of  which 

the  foregoing  is  a  true  copy,  on  the day  of ,  18 , 

in  public  places  in  said  District,  one  of  which  was  the  school- 
house,  and  that  the  said  notices  were  posted  in  all  respects 
according  to  law. 

Sworn  and  subscribed  before  ^ 

me,  this  day  of ,  >  

18...  I 


DISTRICT    MEETING. 

The  legal  voters  of  School  District  No ,  in  the  County 

of  ,  met  at ,  on  the  day  of ,  18  , 

at  ...„ o'clock  in  the  ,  pursuant  to  legal  notice,  a  copy 

of  which  notice  is  hereto  appended.    »Mr. was  elected 

Chairman  and  Mr Secretary  of  the  meeting.     The  Sec- 
retary read  the  notice  calling  the  meeting. 


186  BLANKS  AND  FORMS 

The  following  resolutions  were  adopted : 

Resolved,  That  the  Trustees  be  authorized  to  purchase,  as  a  lot 
on  which  to  build  a  school-house,  the  plot  of  land  situated  as 
follows : 


The  cost  of  said  land  not  to  exceed  the  sum  of dollars. 

The  vote  on  this   resolution   was    by  ballot — Ayes    

Nays  

Resolved,  That  the  Trustees  be  authorized  to  erect  and  furnish 
a  school-house  on  said  plot  of  land,  said  school-house  to  be  built 

of  and  to  contain  rooms,  and  to  cost  not  more 

than  dollars. 

The  vote   on   this    resolution  was    by  ballot — Ayes    

Nays  

Resolved,  That  for  the  purpose  of  securing  the  money  needed 
to  purchase  said  lot  and  to  erect  and  furnish  said  school-house 
the  sum  of dollars  be  raised  by  issuing  bonds  of  the  Dis- 
trict, in  the  corporate  name  of  the  District,  in  the  denomination 
of each. 

The   vote   on  this  resolution  was   by  ballot — Ayes   , 

Nays 

Resolved,  That  one  bond  shall  be  issued  for year  ,  one 

for years,  one  for years,  one  for years. 

And  that  each  year  until  the  last  bond  is  paid  a  tax  shall  be 
levied,  according  to  law,  on  the  property  and  the  inhabitants  of 
the  District  sufficient  to  pay  the  bond  maturing,  together  with 
the  accrued  interest  on  those  then  outstanding. 

The   vote   on  this   resolution  was    by  ballot — Ayes    

Nays 

,  Secretary. 

STATE  OF  NEW  JERSEY,  \ 
COUNTY  OF  / 

,  being  duly  sworn,  on  his  oath  saith  that  he  was  the 

Secretary  of  the  meeting  of  the  legal  voters  of  the  School  District 
No ,  in  the  County  of  ,  and  that  the  foregoing  is  a 


FOR  SCHOOL  OFFICERS.  187 


true   copy  of  the  proceedings  and  resolutions  adopted  at  said 
meeting,  and  that  all  votes  taken  at  said  meeting  were  by  ballot. 
Sworn  and  subscibed  before  ^ 

me,  this  day  of ,  >  

18 j 


Form  No.  62.— Application  for  Loan  from  State  School  Fund. 

To  the  Trustees  for  the  Support  of  Public  Schools  for  the  State 
of  New  Jersey  : 

The  Trustees  of  School  District  No ,  in  the  County  of 

,  in  the  State  of  New  Jersey,  ask  to  borrow  of  the  Trustees 

for  the  support  of  Public  Schools  the  sum  of dollars,  for 

the  purpose  of  purchasing  land  and  building  a  school-house  in 
the  aforesaid  District,  and  ofler  as  security  for  said  loan  the 
coupon  bonds  of  said  District  to  the  amount  at  par  of  said  loan. 
Said  loan  and  bonds  'were  authorized  by  the  inhabitants  of  said 
District  when  met,  upon  due  and  legal  notice,  for  that  purpose, 

upon  the   day  of  ,  18 The  principal  of  said 

loan  is  to  be  paid  in  installments  of  dollars;  the  first 

installment  to  be  paid  on  the  day  of ,  18. ;  the 

second  installment  to  be  paid  on  the day  of ,  18 


with  interest  from  date  at  the  rate  of  five  per  centum  per  annum, 
according  to  the  terms  aforesaid  ;  principal  and  interest  payable 

at  the  bank  at ,  and  the  bonds  hereby  offered  are 

of  the  denomination  ot  $ each,  and  are  numbered  from 

to ,  both  inclusive. 

We  submit  herewith'  a  copy  of  the  proceedings  had  at  said 
meeting  of  said  inhabitants,  a  copy  of  the  minutes  of  the  meet- 
ing of  the  Trustees  of  said  District  at  which  the  posting  of  the 
notices  calling  said  meeting  of  the  inhabitants  was  ordered,  a 
copy  of  the  notices  calling  -said  meeting  duly  verified  by  affidavit, 


188  BLANKS  AND  FORMS 


and  the  approval  of  the  Attorney-General  as  to  the  legality  of 

said  proceedings. 

Dated ....,  N.  J., ,  18 

,"|  Trustees  of  School  District 

,  V     No.  .......  in  the  County 

,J      of ,  New  Jersey. 


Form  No.  63.— Directions  for  Bonding  a  District. 

1.  There  must  be  a  regulary-called  meeting  of  the  Trustees,  of 
which  meeting  all  the  Trustees  must  have  had  notice.     At  that 
meeting  the   Trustees  must   decide  on   the  amount  of  money 
thought  to  be  necessary.     If  land  is  to  be  purchased,  the  Trus- 
tees must  decide  upon  the  site  or  sites  they  think  suitable.     They 
must  also  decide  upon  the  time  for  holding  the  District  Meeting, 
and  the  form  of  the  resolutions  to  be  inserted  in  the  notices  to 
be  posted  by  the  District  Clerk.     Full  minutes  of  the  meeting 
must  be  kept. 

2.  The  District  Clerk  must  post  the  notices  ordered  by  the 
Trustees  at  least  ten  days  before  the  date  of  the  meeting  of  the 
legal  voters :  the  day  the  notices  are  posted  must  not  be  counted 
in  the  ten  days.     The  notices  must  state  the  time  and  place  of 
the  District  Meeting,  and  all  business  that  is  to  be  acted  upon. 
It  must  state  if  land  is  to  be  purchased,  and,  if  so,  must  describe 
the  plot  or  plots  thought  to  be  suitable  by  the  Trustees.     The 
Trustees  may  submit  more  than  one  site,  if  they  think  best,  in 
which  case  all  the  plots  must  be  described  in  the  notices.     The 
notices  must  also  state  the  amount  of  money  thought  to  be  neces- 
sary.    It  is  not  necessary  to  divide  the  amount  among  the  several 
objects  in  the  notices.     The  notices  must  also  state  that  the  ques- 
tion of  authorizing  the  Trustees  to  issue  bonds  will  be  submitted. 
Not  less  than  three  notices  must  be  posted,  one  of  which  notices 
must  be  posted  on  the  school-house,  if  there  be  one. 

3.  The  district  meeting  must  decide  the  amount  of  money  to 
be  raised,  and  also  decide  what  portion  of  the  money  so  ordered 
shall  be  used  for  the  purchase  of  land,  and  what  portion  for  build- 


FOR  SCHOOL  OFFICERS.  189 

ing  and  furnishing  the  school-house.  The  aggregate  amount 
ordered  raised  must  not  exceed  the  sum  named  in  the  notices. 
The  District  Meeting  must  also  decide  how  many  bonds  shall  be 
issued,  the  denomination  of  each  bond,  and  the  time  of  its  pay- 
ment. It  must  also  select  a  site  from  among  those  offered  by 
the  Trustees  in  the  notices.  The  meeting  may,  however,  reject 
all  the  sites  offered.  All  votes  in  the  District  Meeting  must  be 
by  ballot.  Full  minutes  of  the  meeting  must  be  kept. 

4  Two  copies  of  the  minutes  of  the  meeting  of  the  Trustees, 
attested  by  the  District  Clerk ;  two  copies  of  the  notices  posted, 
attested  by  said  Clerk,  and  two  copies  of  the  minutes  of  the  Dis- 
trict Meeting,  attested  by  the  secretary  of  the  meeting,  must  be 
sent  to  the  State  Superintendent,  one  copy  to  be  approved  by  the 
Attorney-General,  and  the  other  to  be  filed  in  his  office.  When 
it  is  intended  to  borrow  the  money  from  the  State  School  Fund, 
an  application  must  accompany  the  copies  of  the  proceedings  sent 
to  the  State  Superintendent.  Blank  Forms  to  be  used  for  the  copies 
of  the  proceedings  to  be  sent  to  the  State  Superintendent  may  be 
obtained  from  the  County  Superintendent.  In  making  reports, 
only  such  business  as  relates  to  the  purchase  of  land,  building  the 
school-house  and  bonding  the  district  need  be  inserted  in  the 
copies  of  the  meetings  of  the  Trustees  and  legal  voters.  In  the 
blank  for  the  report  of  the  proceedings  of  the  District  Meeting, 
a  resolution  is  inserted  for  the  purchase  of  land ;  when  land  is 
not  ordered  to  be  purchased,  this  resolution  should  be  crossed 
out  in  making  the  report,  also  in  the  application  for  the  loan  from 
the  State  School  Fund. 

5.  The  approval  of  the  Attorney-General  must  be  secured  be- 
fore bonds  can  be  legally  issued,  whether  the  money  is  to  be 
borrowed  from  the  State  School  Fund  or  from  private  parties. 

6.  When  district  bonds  have  been  issued,  it  is  the  duty  of  the 
District  Clerk,  when  any  bond  is  paid  and  canceled,  to  forward 
said  canceled  bond  to  the  State  Superintendent,  to  be  filed  as  re- 
quired by  law. 

7.  Blank  bonds  will  be  furnished  by  the  State  Superintendent. 


190  BLANKS  AND  FORMS. 

Form  No.  69.— Bond  to  be  Issued  for  Loan  from  School  Fund. 
No.  Bond  of  School  District  No.  $.., 


County,  N.  J. 

Know  all  men  by  these  presents,  that  "  The  Trustees  of  School 

District  No ,  in  the  County  of ,"  in  the  State  of  New 

Jersey,  are  justly  indebted  unto ,  or  bearer,  in  the 

sum  of  dollars,  lawful  money  of  the  United  States  of 

America,  to  be  paid  to  the  said  or  bearer,  on  the 

day  of ,  18 ,  at  the Bank, ,  N.  J., 

with  interest  therefor  from  the  date  hereof,  at  the  rate  of ....  per 

cent,  per  annum,  payable  semi-annually,  on  the days  of 

and  in  every  year,  at  the  bank  aforesaid,  on  the 

presentation  of  the  annexed  coupons,  as  they  severally  become 
due. 

This  is  one  of  a  series  of  coupon  bonds  of dollars  each, 

issued  by  the  Trustees  of  said  School  District,  amounting  in  the 

aggregate  to  dollars,  numbered  from  to  ,  both 

inclusive ;  and  the  said  bonds  are  issued  for  money  borrowed  by 
said  Trustees  for  the  purpose  of  building  a  school  house  in  said 
School  District,  pursuant  to  the  statute  entitled  "An  Act  to 
Establish  a  System  of  Public  Instruction,"  approved  March  27th, 
1874,  and  by  the  consent  of  the  inhabitants  of  said  District  law- 
fully given,  at  a  meeting  lawfully  held  on ,  18 

In  witness  whereof,  on  the  day  of  ,  in  the  year 

eighteen  hundred  and ,  this  bond  is  signed  by  the  Trustees 

of  said  District,  and  attested  by  the  Clerk,  under  the  seal  of  said 
District.  , 


Attest:  ,  District  Clerk.  Trustees. 

[Form  of  Coupon  to  be  attached  to  the  above  Bond.'] 

School  District  No '.,  County  of ,  N.  J. 

SCHOOL   HOUSE   LOAN. 

Interest  warrant  for dollars,  payable  at  the Bank, 

,  N.  J.,  to  bearer, ,  for  six  months'  interest 

on  Bond  No 

D.  C. 


FOR  SCHOOL  OFFICERS.  191 


Form   No.  96. — Notice  for  Annual   Meeting  for  the   Election   of 

Trustees. 

Notice  is  hereby  given  to  the  legal  voters  of  School  District 

No ,  in  the  County  of  ,  that  the  annual  school 

meeting  for  the  election  of  School  Trustees  will  be  held  at , 

on   Tuesday,  the   day  of  ,  18 ,  at 

o'clock M. 

Dated  this day  of ,  18 

,  District  Clerk. 

DATE. — The  above  notice  must  be  posted  in  three  public  places  in  the  Dis- 
trict, one  of  which  shall  be  at  the  school-house,  at  least  ten  days  previous  to 
the  time  of  the  meeting.  The  election  must  be  held  on  the  Tuesday  of  the 
week  following  the  annual  town  meeting. 


Form  No.  97.— Notice  for  a  Meeting  of  the  District  Board  of 

Trustees. 

To  T 

You  are  hereby  notified  that  there  will  be  a  meeting  of  the 

Board  of  Trustees  of  School  District  No ,  on  

evening,  ,18 ,  at o'clock,  in  the  school- 
house. 

[Date],  ,  District  Clerk. 


Form  No.  98.— Notice  for  the  Annual  District  Meeting  tor  Deter- 
mining -what  District  School  Tax  shall  be  Assessed. 

Notice  is  hereby  given  to  the  legal  voters  of  School  District 
No ,  in  the  County  of  ,  that  the  annual  school- 
meeting  will  be  held  at  ,  on  the  Tuesday  of  the  week 

following  town   meeting,  being  the  day  of  March  (or 


192  BLAKKS  AND  FORMS 

April),  18 ,  at  o'clock  in  the noon,  at  which  meeting 

will  be  submitted  the  question  of  voting  a  tax  to  maintain  a  free 
Public  School  the  coming  year  [or  to  build  a  school-house,  etc.~\ 

The  amount  thought  to  be  necessary  for  this  purpose  is 

dollars. 

Dated  this  day  of ,  18... 

,  District  Clerk. 

NOTE. — In  the  above  notice  must  be  particularly  specified  each  item  of  busi- 
ness to  be  acted  upon.    For  details,  see  Section  169  of  the  School  Law. 


Form  No.  99.— Notice  for  a  Special  District  Meeting  for  Determin- 
ing what  District  School  Tax  shall  be  Assessed. 

Notice  is  hereby  given  to  the  legal  voters  of  School  District 

No ,  in  the  county  of  ,  that  a  special  school  meeting 

will  be  held  at ,  on  the  day  of  ,  18 ,  at 

o'clock  in  the noon,  at  which  meeting  will  be  sub- 
mitted the  question  of  ordering  a  District  School  Tax  to  [here 
particularly  specify  each  item  of  business  to  be  acted  upon]. 

The  amount  thought  to  be  necessary  for  this  purpose  is 

dollars. 

,"|      Trustees  of 

,  \School  District 

J      No, 

NOTE. — The  authority  for  calling  a  special  school  meeting  is  given  in  Clause 
XI  of  Section  66  of  the  School  Law.    For  detailed  directions,  see  Section  169. 


Form  No.  1OO.— Various  Specifications  of  Business  to  be  Transacted 
that  may  be  Inserted  in  any  Notice  for  District  Meeting,  as  they 
may  be  needed. 

To  authorize  the  Trustees  to  purchase  land  and  to  erect  a 
school-house  thereon ; 

To  see  if  the  District  will  take  measures  for  the  repair,  alter- 
ation, enlarging  or  furnishing  of  the  present  school-house ; 


FOR  SCHOOL  OFFICERS.  193 

To  appoint  a  committee  to  prepare  and  report  a  plan  for  such 
erection  or  repair,  with  the  probable  expense  of  the  same ; 

To  raise  money  by  district  tax  to  defray  the  expenses  of  such 
erection,  alteration  or  repair ; 

To  authorize  the  Trustees  to  borrow  money  to  defray  the  ex- 
penses of  such  erection,  alteration  or  repair,  and  to  provide  for 
the  payment  of  the  same  by  ordering  a  district  tax  [or  by  bond- 
ing the  District,  as  the  case  may  be] ; 

To  see  if  the  District  will  vote  a  sufficient  district  tax  to  defray 
the  expenses  of  maintaining  a  free  School  during  the  ensuing 
year,  or  during months  of  the  ensuing  year ;  or  the  issu- 
ing of  bonds ; 

To  order  a  district  tax  for  the  payment  of  a  debt  of 

dollars,  now  resting  upon  the  school-house  property ; 

To  order  the  sale  of  the  present  school-house  property,  and  to 
decide  what  disposition  shall  be  made  of  the  proceeds ; 

To  authorize  the  Trustees  to  condemn  land  for  school  purposes; 

To  authorize  the  Trustees  to  renew  outstanding  bonds ; 

To  do  any  other  business  within  the  scope  of  the  foregoing 
propositions. 


Form  No.  1O1. — Order  of  Business  at  a  District  School  Meeting-. 

1.  Choose  a  Chairman  and  Secretary. 

2.  Read  the  notice  calling  the  meeting. 

3.  Report  of  District  Clerk. 

4.  Transaction  of  the  business  for  which  the  meeting  was 
called,  as  set  forth  in  the  notices. 

5.  Miscellaneous  business. 

6.  Adjournment. 


Form  No.  64.— Affidavit  to  Bills  Presented  to  a  Board  of  Trustees. 

STATE  OF  NEW  JERSEY, 

COUNTY. 

,  of  full  age,  being  duly  sworn,  on  his  oath  saith 

that  the  goods  or  services  itemized  in  the  annexed  bill  have  been 
12 


194  BLANKS  AND  FORMS 


delivered  or  rendered ;  that  no  bonus  has  been  given  or  received 
by  any  person  or  persons  in  connection  with  the  same ;  that  the 
same  is  correct  and  true,  and  the  amount  therein  stated  is  justly 
due  and  owing  as  set  forth. 

Sworn  and  subscribed  before  me  ") 
this  day  of  ,18 V 


Form  No.  1O2.— Annual  Report  of  Trustees  of  the  District. 

To  the  Inhabitants  of  School  District  No : 

In  obedience  to  the  requirements  of  the  School  Law,  we  beg 
leave  to  present  our  annual  report  for  the  past  School  Year. 

{Here  give  the  same  report  as  Form  No.  3a  ;  state  what  has  been  done 
by  the  Trustees  during  the  year ;  discuss  school  matters  ;  make  sugges- 
tions, etc.,  etc."] 
All  of  which  is  respectfully  submitted. 

...-, ,D.  C.,^      Trustees  of 

V  School  District 

)      No 

Dated  ,  18 

NOTE. — The  above  report  should  be  made  at  the  annual  school  meeting  for 
the  election  of  Trustees. 


Form  No.  1O3.— Notice  to  County  Superintendent  of  a  Vacancy  in 

Board  of  Trustees. 

To  ,  County  Superintendent: 

SIR  : — You  are  hereby  notified  that  a  vacancy  now  exists  in 

the  board  of  Trustees  of  School  District  No ,  in  the  County 

of ,  through  [here  state  the  cause  of  the  vacancy'],  which  you 

are  requested  to  fill  by  appointment. 

Dated  this  day  of ,  18 

t. ,  District  Clerk. 


FOR  SCHOOL  OFFICERS.  195 


NOTE.— The  above  notice  should  be  sent  to  the  County  Superintendent  as 
soon  as  the  vacancy  exists.  If  the  office  of  District  Cleik  is  vacant,  the  notice 
should  be  sent  by  one  of  the  other  Trustees. 


Form  No.  1O4.— Notice  for  a  Special  District  Meeting  for  Consider- 
ing the  Question  of  Establishing  a  Graded  School. 

Notice  is  hereby  given  to  the  legal  voters  of  School  District 
No ,  in  the  County  of ,  that  a  special  school  meet- 
ing will  be  held  at ,  on  the  day  of ,  18 , 

at o'clock  in  the  noon,  for  the  purpose  of  consid- 
ering the  question  of  uniting  with  Districts  Nos and  , 

etc.,  in  establishing  and  maintaining  a  Graded  School,  in  accord- 
ance with  the  provisions  of  Section  110  of  the  School  Law. 

Dated  this day  of 18 

.District  Clerk. 

By  order  of ,  County  Superintendent. 

NOTE. — The  above  notice  must  be  made  conspicuous  in  several  places,  and 
posted  ten  days  previous  to  the  time  of  the  meeting.  The  districts  separately, 
in  accordance  with  the  provisions  of  Section  169,  can  vote  for  and  cause  to  be 
assessed,  a  district  tax  for  erecting  the  School  building,  or  maintaining  the 
School. 


Form  No.  105.— Notice  to  County  Superintendent,  giving  the  result 
of  the  action  of  a  School  Meeting  called  for  the  purpose  of  Estab- 
lishing a  Graded  School. 

To County  Superintendent  of County: 

SIR  : — At  a  meeting  of  the  legal  voters  of  School  District  No. 

,  in  the  County  of ,  held  on  the day  of , 

18 .,  which  was  called  pursuant  to  your  order,  the  question  of 

uniting  with  Districts  !N"os and ,  for  the  purpose  of 

establishing  a  Graded  School,  was  decided  in  the ; 

voting  in  the  affirmative,  and in  the  negative. 

Dated  this day  of ,  18 

* ,  District  Clerk. 


196  BLANKS  AND  FORMS 


Form  No.  1O6.— Notice  to  be  given  by  the  Secretary  of  a  District 
School  Meeting,  to  the  Officers-elect. 

To : 

You  are  hereby  notified  that  at  a  meeting  of  School  District 

N"o «,  in  the  County  of ,  held  on  the day  of 

,  18 ,  you  were  elected  Trustee  of  said  District. 

Dated  this day  of ,  18 

,  Secretary  of  said  Meeting. 


Form  No.  1O7.—  Form  of  Contract  Between  District  and  Teacher. 

It  is  hereby  agreed  between  "  The  Trustees  of  School  District 

No ,  in  the  County  of ,"  and  ,  a  qualified 

teacher,  possessing  a  license  in  full  force  and  effect,  that  the  said 

is  to  teach  the  public  school  of  said  District  for  a  term 

[here  insert  the  time],  for  the  sum  of dollars  per  month, 

commencing  on  the  day  of ,  18 ,  and  for  such 

services,  properly  rendered,  the  said  Trustees  are  to  pay  the  said 

?  monthly,  the  amount  that  may  be  due,  according  to  this 

contract. 

Dated  this  day  of ,  18 

,"j  Trustees  of  School  District 

,  >     No ,  in  the  County 

J      of 

,  Teacher. 

NOTE. — In  case  the  Teacher  is  employed  in  a  Graded  School,  the  particular 
department  for  which  he  is  engaged  should  be  specified  in  the  contract. 


Form  No.  1O8— Form  of  a  Lease. 


Know  all  men  by  these  presents,  that  A.  B.,  of  the  Township 

of ,  in  the  County  of ,  in  the  State  of  N"ew  Jersey, 

of  the  first  part,  for  the  consideration  herein  mentioned,  does 


FOR  SCHOOL  OFFICERS.  197 

hereby  lease  unto  "  The  Trustees  of  School  District  No ,  in 

the  County  of .-..,"  in  the  State  aforesaid,  party  of  the  second 

part,  and  their  assigns,  the  following  described  parcel  of  land : 

\Here  insert  description  of  land.~\ 

Together  with  all  the  privileges  and  appurtenances  thereunto  be- 
longing :     To  have  and  to  hold  the  same  for  and  during  tne  term 

of years  from  the  day  of  ,  A.  D.  18 ; 

and  the  said  party  of  the  second  part,  for  themselves  and  assigns, 
do  covenant  and  agree  to  pay  the  said  party  of  the  first  part,  for 

said  premises,  the  annual  rent  of dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their 

hands  and  seals,  this ,  day  of ,  18 

A.  B.,  Lessor. 
C.  D.,")  Trustees    of    School    District 

E.  F.,  V     No ,in  the  County  of 

G.  H.J      98tate  of  New  Jersey. 


Form  No.  1O9. — Form  of  a  Deed  of  a  School-house  Site. 

Know  all  men  by  these  presents,  that  A.  B.  [and  C.  B.,  his  wife, 

if  married],  in  the  Township  of ,  in  the  County  of , 

in  the  State  of  New  Jersey,  party  of  the  first  part,  for  and  in  con- 
sideration of  the  sum  of dollars,  to  them  in  hand  paid  by 

"The  Trustees  of  School  District  No ,  in  the  County  of 

,"  and  State  aforesaid,  party  of  the  second  part,  the  receipt 

whereof  is  hereby  acknowledged,  do  hereby  grant,  bargain,  sell 
and  convey  to  the  said  party  of  the  second  part,  and  their  assigns, 
the  following  described  piece  of  land,  namely : 
[Here  insert  descrip'ion  of  land.] 

Together  with  all  the  privileges  and  appurtenances  thereunto 
belonging :  To  have  and  to  hold  the  same  to  the  said  party  of 
the  second  part  and  their  assigns  forever ;  and  the  said  party  of 
the  first  part,  for  themselves,  their  heirs,  executors  and  adminis- 
trators, do  covenant,  bargain  and  agree,  to  and  with  the  said 
party  of  the  second  part,  and  their  assigns,  that  at  the  time  of 
the  ensealing  and  delivery  of  these  presents,  they  are  well  seized 


198  BLANKS  AND  FORMS 

of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  abso- 
lute and  indefeasible  estate  of  inheritance  in  the  law  in  fee- 
simple,  and  that  the  said  lands  and  premises  are  free  from  all 
incumbrances  whatsoever ;  and  that  the  above  bargained  prem- 
ises, in  the  quiet  and  peaceable  possession  of  the  said  party  of 
the  second  part,  and  their  assigns,  against  all  and  every  person 
or  persons  lawfully  claiming  or  to  claim,  the  whole  or  any  part 
thereof,  the  said  party  of  the  first  part  will  forever  warrant  and 
defend. 

In  witness  whereof,  the  said  A.  B.  and  C.  B.,  his  wife,  party 
of  the  first  part,  have  hereunto  set  their  hands  and  seals,  this 
day  of ,  A.  D.  18 

SIGNED,  SEALED  AND  DELIVERED"!  A.  B.       [SEAL.] 

IN    PRESENCE    OF  >  C.  B.       [SEAL.] 

E.  F.  j 

NOTE. — Such  deeds  should  be  duly  acknowledged  before  a  judge,  commissioner 
of  deeds,  master  in  chancery,  or  other  officer  authorized  by  law  to  take  such 
acknowledgment,  and  recorded  in  the  office  of  the  County  Clerk.  The  bond 
and  mortgage  given  by  the  Trustees  to  secure  payment  of  part  of  purchase- 
money  may  be  in  the  usual  forms,  and  for  the  execution  of  deeds,  mortgages 
and  bonds  each  District  should  have  a  corporate  seal.  Notes  given  for  bor- 
rowed money  should  be  in  the  name  of  the  District  and  signed  by  all  the 
Trustees  as  such. 


Form  No.  HO.— Contract  for  Building  a  School-house. 

Contract  made  and  entered  into  between  A.  B.,  of  the  County 

of  ,  State  of  New  Jersey,  and  "The  Trustees  of  School 

District  No ,  in  the  County  of  ,"  State  of  New 

Jersey. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the 
receipt  whereof  is  hereby  acknowledged,  and  of  the  further  sum 

of  dollars,  to  be  paid  as  hereinafter  specified,  the  said  A. 

B.  agrees  to  build  a  frame  school-house  and  to  furnish  the 
materials  therefor,  according  to  the  plan  and  specifications  for 
the  erection  of  said  house  hereto  appended,  at  such  point  in  said 
District  as  the  said  Trustees  may  designate.  The  said  house  is 


FOR  SCHOOL  OFFICERS.  199 

to  be  built  of  the  best  material,  in  a  substantial,  workmanlike 
manner;  and  is  to  be  completed  and  delivered  to  said  Trustees, 
or  their  successors  in  office,  free  from  any  lien  for  work  done  or 

materials  furnished,  by  the  day  of ,  18 ;  and  in 

case  the  said  house  is  not  finished  in  the  time  herein  specified, 
the  said  A.  B.  shall  forfeit  and  pay  to  the  said  Trustees,  or  their 

successors  in  office,  for  the  use  of  said  District,  the  sum  of 

dollars,  and  shall  also  be  liable  for  all  damages  that  may  result 
to  said  District  in  consequence  of  such  failure,  and  said  Trustees 
may  finish  the  building  and  charge  the  cost  of  the  same  to  the 
said  A.  B. 

The  said  Trustees,  or  their  successors  in  office,  in  behalf  of 
said  District,  hereby  agree  to  pay  the  said  A.  B.  the  sum  of 

dollars  when  the  foundation  of  said  house  is  finished; 

and  the  further  sum  of dollars  when  the  building  is  ready 

for  the  roof;  and  the  remaining  sum  of  dollars  when  the 

said  house  is  finished  and  delivered,  as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let, 
transferred  or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this  day  of  ,  18 

A.  B.,  Contractor. 

C.  D.,  E.  F.  and  G.  H.,  Trustees. 

NOTE. — In  building  a  school-house,  it  is  all-important  to  secure  a  plan  of  the 
building,  with  full  specifications  as  to  its  dimensions,  style  of  architecture, 
number  and  size  of  the  windows  and  doors,  quality  of  the  materials  to  be  used ; 
what  kind  of  roof;  number  of  coats  of  paint;  of  what  material  the  foundation 
shall  be  constructed  ;  its  depth  below,  and  its  height  above  the  surface  of  the 
ground ;  the  number  and  style  of  chimneys  and  flues ;  the  provisions  for  ven- 
tilation ;  the  number  of  coats  of  plastering,  and  style  of  finish,  and  all  other 
items  in  detail  that  may  be  deemed  necessary.  The  plan  and  specifications 
should  be  attached  to  the  contract,  and  the  whole  filed  with  the  District  Clerk. 
Before  the  building  is  commenced,  the  contract  should  be  filed  in  the  office  of 
the  County  Clerk  to  prevent  liens. 


Form  No.  111.— Form  of  Note  for  Money  Borrowed. 

,K  J., 18 

....  days  after  date,  "  The  Trustees  of  School  District  No. 
,,  in  the  County  of ,"  in  the  State  of  New  Jersey, 


200  BLANKS  AND  FORMS 

promise  to  pay  to  ,  or  order,  dollars,  with 

interest  from  the  date  hereof,  at  the  rate  of  six  per  cent,  per 
annum. 

This  note  is  given  for  money  borrowed  by  the  said  Trustees 

for  the  purpose  of ,  pursuant  to  the  statute  entitled  "An 

Act  to  Establish  a  System  of  Public  Instruction,"  approved  March 
27th,  1874,  and  by  the  consent  of  the  inhabitants  of  the  said  Dis- 
trict lawfully  given,  at  a  meeting  lawfully  held  on ,  18 


Attest  .,  ,  District  Clerk.  Trustees. 


Form  No.  112.— Duties  of  District  Clerk. 

1.  To  prepare  and  post 

Notices  for  annual  district  meeting,  [Form  98."\ 

Notices  for  special  district  meeting,  [Form  99.] 

and  Notices  for  Trustee  election.  [Form  96.] 

2.  To  prepare  and  deliver  notices  for  meetings  of  the  Board  of 
Trustees.     [Form  97. ~] 

3.  To  act  as  Secretary  of  the  Board  of  Trustees.     [Form  61.~] 

4.  To  record,  in  a  book  provided  for  that  purpose,  all  the  pro- 
ceedings of  trustee  meetings  and  district  meetings.    [Form  No.  61.~\ 

5.  To  keep  an  account  of  the  finances  of  the  District  in  a 
manner  similar  to  that  shown  in  Form  113. 

6.  To  pay  out  all  moneys  by  issuing  orders  on  the  Township 
Collector.     [Forms  25  and  26.~\ 

7.  To  make  a  financial  report 

To  County  Superintendent,  [Form  3a.~] 

To  Township  Committee.  [Form    6.~] 

8.  To  make  a  report  of  the  doings  of  the  Trustees  for  the- 
year  to  the  annual  district  meeting  for  the  election  of  Trustees. 
[Form  102.] 

9.  To  take  the  District  census.  [Form  3.~\ 


FOR  SCHOOL  OFFICERS.  201 

10.  To  prepare  and  forward  the  annual  report  to  the  County 
Superintendent. 

11.  To  notify  County  Superintendent  and  Township  Assessor 
of  the  amount  of  district  school  tax  ordered.    [Forms  6a  and  Sab.'] 

12.  To  notify  County  Superintendent  of  the  election  of  Trus- 
tees.    [Form  29.~\ 

13.  To  attend  the  meetings  of  the  "  Township  Board  of  Trus- 
tees "  when  convened  by  the  County  Superintendent. 

14.  To  superintend  repairs  of  buildings ;  to  buy  fuel,  crayons, 
and  such  other  articles  as  the  Trustees  may  direct. 

15.  To  deliver  to  his  successor  ail  records  and  papers  belong- 
ing to  the  District. 


TEACHERS. 

Form  No.  2.— Graded  Schools— County  Report. 

REPORT  OF  ATTENDANCE  IN  DISTRICT  No ,  FOR  THE  YEAR 

COMMENCING   SEPTEMBER  IST,  1890,  AND  ENDING  AUGUST 
31ST,  1891. 

1.  Number  of  months  the  schools  have  been  kept  open 

during  the  year,  .         .  •       .         •         

2.  Number  of  different  children  between  five  and  eigh- 

teen years  of  age  enrolled  in  the  schools  during 

the  year, 

3.  Number  who  have  attended  ten  months  or  more 

during  the  year,  ......         

4.  Number  who  have  attended  eight  months,  but  less 

than  ten,      .         .         .         .         .         .         .         

5.  Number  who  have  attended  six  months,  but  less 

than  eight,  ......         

6.  Number  who  have  attended  four  months,  but  less 

than  six,       .......         

7.  Number  who  have  attended  less  than  four  months,     


202  BLANKS  AND  FORMS 

8.  Average  number  who  have  attended  school  during 

the  time  it  has  been  kept  open,    .... 

9.  Number  of  children  in  the  district  attending  private 

schools, 

10.  Number  of  children  in  the  district  who  have  at- 

tended no  school  during  the  year, 

11.  Number  of  children  the  school-house  will  seat  com- 

fortably  (where   there    are   different    buildings, 
report  for  each  building  separately),     . 

AGES. 

Number  between    5  and    6   years  of  age, 

"  "          6    "       7      "  "          . 

7    "      8      "  "          .       .       . 

44  4<  8  "  9  "  "                     . 

(4  44  Q  44  1Q  44  44 

44  44  1Q  44  H  44  44 

41  44  11  44  12  "  U 

44  «  12  «  13  «  « 

44  44  lg  44  l^  (4  44 

44  U  14  44  ^fj  (4  44 

"  "        15     "     16      "  " 

44  44  ^Q         (4         jy  44  44 

44  44  l^        U         Ig  44  « 


Total, 

,  Principal  Teacher. 

NOTE. — It  will  be  observed  that  it  is  for  the  entire  district,  and  that  question 
No.  2  calls  for  the  number  of  different  pupils  enrolled.  Care  must  be  taken 
that  pupils  promoted  from  one  room  or  from  one  building  to  another  are  not 
counted  twice.  The  aggregate  of  the  numbers  reported  in  answer  to  questions 
3  to  7,  inclusive,  must  equal  the  number  reported  in  answer  to  question  No.  2. 

This  report  is  to  be  sent  to  the  County  Superintendent  at  the  close  of  the 
School  for  the  summer  vacation. 


Form  No.  2a.— Graded  Schools— City  Report. 

This  report  is  the  same  as  Form  No.  2,  except  that  items  1,  9 
and  10  are  omitted.  It  should  be  sent  to  the  City  Superintend- 
ent at  the  close  of  the  school  for  the  summer  vacation. 


FOR  SCHOOL  OFFICERS.  203 


Form  No.  18. — Directions  given  to  Candidates  for  Certificates  be- 
fore being  Examined. 

1.  Write  your  name  and  the  subject  of  the  examination,  dis- 
tinctly, at  the  top  of  each  page. 

2.  You  need  not  copy  the  questions  upon  the  paper,  but  be 
careful  to  number  each  answer  to  correspond  with  the  question. 

3.  If  unable  to  answer  any  question,  write  its  proper  number, 
and  opposite  the  same  write,  "  I  cannot  answer." 

4.  In  answering  questions  in  Arithmetic,  Algebra,  etc.,  give 
the  work  as  well  as  the  answer. 

5.  After  beginning  a  set  of  questions,  do  not  leave  the  room 
without  the  permission  of  the  examiner  in  charge,  until  that 
exercise  is  completed. 

6.  During  the   examination   avoid  all   communications  with 
other  candidates,  with  visitors,  or  with  any  one  else,  except  the 
examiners,  whether  by  talking,  signs,  notes  or  otherwise.     Any 
violation  of  this  rule  will  cause  your  exercise  to  be  rejected. 

7.  Referring  to  text  books,  or  to  written  or  printed  abstracts, 
or  memoranda  of  any  kind  connected  with  the  subject  of  exam- 
ination, or  having  such  book,  abstract  or  memoranda  in  your 
desk  or   about  your  person,   will   cause  your   exercise   to   be 
rejected. 

8.  As  soon  as  one  exercise  is  finished,  hand  it  to  the  examiner 
in  attendance  before  beginning  another. 

9.  Do  not  fold  the  paper  containing  your  answers,  and  do  not 
tear  off  any  portion  of  the  sheet  that  may  remain  after  you  have 
finished  a  set  of  questions,  but  leave  the  sheet  whole,  as  the  paper 
will  be  preserved. 

10.  A  special  average  will  be  given  for  correctness  in  Ortho- 
graphy and  Composition,  and  for  legibility,  order,  neatness  and 
general  appearance  of  the  examination  papers. 

11.  Be  careful  to  preserve  this  card  of  directions  and  questions. 
They  will  both  be  called  for  at  the  close  of  the  examination. 


204  BLANKS  AND  FORMS 


Form  No.  32.— Library  Report. 

To  ,  County  Superintendent. 

I  herewith  report  the  condition  of  School  Library  in  District 
No , County. 


Amount  raised  during  the  year  for  Library,       .  .         

Amount  previously  raised,         .         .         .         .  .         

Amount  received  from  the  State  during  the  year,  

Amount  previously  received  from  the  State,       .  .         

Number  of  Books  purchased  during  the  year,     .  .         

Number  of  Books  previously  purchased,     .         .  .         

Amount  expended  for  Apparatus  during  the  year,  . 

Amount  previously  expended  for  Apparatus,      .  .         

Number  of  Books  now  constituting  the  Library,  .         

Number  of  Books  taken  out  during  the  year,     .  .         

,  Teacher. 

NOTE. — This  Report  must  be  sent  to  the  County  Superintendent  on  or  be- 
fore the  first  of  September. 


Form  No.  71.— Certificate  that  Child  has  Attended  School. 

I  hereby  certify  that  I  am  principal  of  School  No , 

District  No.  [No.  and  name  of  District],  county  of ,  and 

that  [Name  of  child]  is  the  [Son,  daughter  or  ward]  of  [Name  of 
parent  or  guardian]  residing  at  [Street  and  city] ;  that  to  the  best 

of  my  knowledge  and  belief,  said  [Name  of  child]  is years 

of  age ;  and  said  [Name  of  child]  has  attended  school  under  my 
charge,  five  days  a  week,  for weeks,  during  the  year  pre- 
ceding the  date  of  this  certificate. 

Dated 18 

,  Principal. 


FOR  SCHOOL  OFFICERS.  205 


Form  No.  113.— Teacher's   Report  to  the  County  Superintendent 
when  Leaving  a  School  before  the  end  of  the  School  Year. 

4 

Report  of  the  Teacher  of  Public  School  ,  in  District  No. 

,  in  the  County  of ,  for  the  portion  of  the  School 

Year  commencing  September  1st,  18 ,  and  ending 

,18 

[The  body  of  the  Report  same  as  JVo.  114>~\ 
To  ,  County  Superintendent  for County: 

Being  about  to  leave  my  present  School,  I  respectfully  present 
the  above  record  and  statements  as  my  report  for  the  expired 
portion  of  the  present  School  Year,  as  required  by  the  laws  of 
this  State ;  which  report  I  hereby  certify  has  been  carefully  made 
out  from  the  records  contained  in  the  School  Register. 

,  Teacher. 

NOTE. — The  law  requires  that  a  duplicate  of  the  above  report  shall  be  made 
to  the  District  Clerk. 


Form  No.  114.— Teacher's  Report  of  the  Suspension  of  a  Pupil  to 

the  Trustees. 

To ...,  District  Clerk  of  School  District  No ...., 

of  the  County  of : 

SIR  : — You  are  hereby  notified  that  I  have  this  day  suspended 

from  my  school  for  \here  state  the  cause  for  suspension.] 

Dated  this  day  of ...,  18 

,  Teacher. 

NOTE.— The  School  Law  requires  every  suspension  to  be  reported  to  the 
Trustees. 


206 


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FOR  SCHOOL  OFFICERS.  209 


Form  No.  116. — Report  of  Township  Collector  to  County  Superin- 
tendent of  the  Amount  of  Township  School  Tax  Ordered  to 
be  Raised. 

To  the  County  Superintendent  of County: 

SIK  : — I  hereby  report  to  you  that  the  amount  of  School  Tax 

voted  to  be  raised  in  Township  at  the  last  annual  town 

meeting,  held  on  the day  of ,  18. ,  is  [write  the 

amount  in  words]  Dollars  per  child  [or Dollars  as  the  case 

may  be~]. 

The  interest  on  Surplus  Revenue  to  be  apportioned  to  the 

Public  School  of  this  township  is Dollars. 

Dated  this day  of ,  18 

,  Township  Collector. 

NOTE. — This  report  should  be  sent  to  the  County  Superintendent  within  five 
days  after  the  town  meeting.  If  the  amount  of  interest  on  surplus  revenue  is 
not  known  at  that  time,  a  separate  report  should  be  made  of  that  item  as  soon 
as  the  amount  is  ascertained.  In  gome  counties  the  surplus  revenue  remains 
as  a  county  fund,  and  the  amount  of  interest  must  be  reported  by  the  County 
Collector  to  the  County  Superintendent. 


I 


Form  No.  117. — Duties  of  Township  Collector. 

1.  To  notify  the  County  Superintendent  of  the  amount  of  town- 
ship school  tax  ordered,  and  the  amount  of  interest  on  surplus 
revenue.     [Form  116, ,] 

2.  To  collect  all  township  and  district  school  taxes. 

3.  To  receive  and  hold  in  trust  all  school  moneys,  and  to  pay 
out  the  same  only  upon  orders  drawn  in  accordance  with  Forms 
25  and  26. 

4.  To  keep,  in  a  book  prepared  for  the  purpose,  an  account 
with  each  School  District.     [Form  7.] 

5.  To  make  settlement  with  the  Township  Committee.     [Form 

6.  To  transmit  copies  of  the  settlement  made  with  the  Town- 
ship Committee  to  the  County  Superintendent  and  to  the  Clerk 
of  the  Township.     [Form  8.] 

13 


210 


BLANKS  AND  FORMS 


MISCELLANEOUS. 

Form  No.  318.— Report  of  County  Clerk  to  County  Superintendent 
of  the  Names  and  Post  Office  Addresses  of  the  Township  Col- 
lectors and  City  Treasurers. 

To  the  County  Superintendent  of County  : 

SIR  : — I  hereby  report  to  you  the  names  and  addresses  of  the 
newly  elected  Township  Collectors  [and  City  Treasurers,  if  there 
be  any,~\  of  this  County,  as  follows : 


Names  of  Township  or  City. 

Names  of  Collectors  and  City 
Treasurers. 

Address. 

.,  County  Clerk. 


Form  No.  119. — Appeal  to  the  State  Superintendent. 

,KJ., ,18 

To ,  State  Superintendent  of  Public  Instruction: 

SIR  : — We  herewith  transmit  a  full  and  correct  statement  of  the 

facts  in  the.  case  of vs ,  together  with  the  decision 

of  the  County  Superintendent  thereon,  from  which  decision  we 
respectfully  appeal  for  the  following  reasons :  [Here  state  the  rea- 
sons for  making  the  appeal.] 

We  certify  that  the  accompanying  statements,  together  with 
the  decision  of  the  County  Superintendent,  are  true  to  the  best 
of  our  knowledge  and  belief. 


FOR  SCHOOL  OFFICERS.  211 


Calendar  for  School  Elections  and  Duties. 

J.  Stau  Board  of  Education. — Meets  on  the  first  Tuesday  of 
February,  April,  October  and  December,  and  on  the  last  Thurs 
day  in  June,  annually. 

2.  Trustees  of  the  School  Fund. — Meet  on  the  first  Monday  in 
April,  annually,  and  at  other  times  when  called  together  by  the 
Governor. 

3.  County  .Boards  of  Examiners. — Meet  on  the  first  Saturday  of 
February  and  November,  and  the  first  Friday  and  Saturday  of 
May  and  August,  annually. 

4.  State  Association  of  School  Superintendents. — Meets  at  the  call 
of  the  State  Superintendent. 

5.  School  Trustees. — Elected  on  Tuesday  of  the  week  following 
town  meeting,  annually,  and  should  meet  on  the  first  Tuesday 
after  the  first  Monday  in  March,  June,  September  and  Decem- 
ber, and  oftener  if  necessary. 

6.  District  Clerks. — Elected  within  ten  days  after  the  annual 
meeting  for  the  election  of  Trustees,  annually. 

7.  Township  Boards  of  Trustees. — Meet  semi-annually,  at  such 
times  and  places  as  the  County  Superintendent  may  appoint. 

8.  District  Meetings  for  Voting  District  Tax. — Held  on  Tuesday 
of  the  week  following  town  meeting,  annually,  or  at  the  call  of 
the  Trustees. 

9.  Report  of  the  State  Board  of  Education  to  the  Governor. — On 
the  first  Tuesday  in  December,  annually. 

10.  Report  of  the  State  Superintendent  to  the  State  Board  of  Edu- 
cation.— On  the  first  Tuesday  in  December,  annually. 

11.  Report  of  County  Superintendent  to  the  State  Superintendent. — 
On  or  before  the  first  of  September,  annually. 

12.  Report  of  District  Clerks  to  County  Superintendent. — On  or 
before  the  first  of  August,  annually. 

13.  Report  of  Teachers  to  Trustees. — At  the  close  of  each  quarter's 
teaching. 

14.  Financial  Statement  of  Township  Collector  to  Township  Com- 
mittee and  County  Superintendent. — On  or  before  the  first  of  Sep- 
tember, annually. 


212  BLANKS  AND  FORMS. 


15.  Financial  Statement  of  District  Clerks  to  Township  Committee. 
— On  or  before  the  first  of  September,  annually. 

16.  Financial  Statement  of  District  Chrhs  to  the  Couriy  Superin- 
tendent.— On  or  before  the  first  of  September,  annually. 

17.  Assessor  makes  returns   to   Collector. — Within   fifteen   days 
after  the  first  Monday  in  September,  annually. 

18.  Township  and  District  School  Tax. — Collected  and  due  the 
Trustees  by  the  first  of  December,  annually. 

19.  District  Census. — Taken  during  the  month  of  May,  annu- 
ally. 

20.  Apportionment  of  the  State  Appropriation  to  the  Counties. — 
Made  by  the  State  Superintendent,  on  or  before  the  first  Monday 
in  April,  annually. 

21.  Apportionment  of  State  Appropriation  and  Township  School 
Taxes  to  the  District. — Made  by  the  County  Superintendent  on  or 
before  the  first  of  May,  annually. 

22.  Copy  of  Apportionment. — Made'byjthe  County  Superintend- 
ent,  and   furnished  to  each  Township    Collector   and   District 
Clerk  within  twenty  days  after  the  apportionment  is  made. 

23.  State  Appropriation. — One  hundred  thousand  dollars  paid 
in  November,  and  the  State  school  tax  in  the  month  of  January 
following. 

24.  Agricultural  College. — Candidates  examined  by  the  County 
and  City  Superintendents  on  the  first  Saturday  in  June. 

25.  School  Holidays.— T?irat  day  of  January,  twenty-second  of 
February,  thirtieth  of  May,  fourth  day  of  July,  first  Monday  in 
September  (Labor  day),  Thanksgiving  day,  Christmas  day,  any 
day  upon  which  a  general  election  shall  be  held  for  members  of 
assembly,  and   also  any  day  set  apart  by  proclamation  of  the 
Governor  of  this  State  or  the  President  of  the  United  States  for 
tfye  purpose  of  public  observance. 

26.  School  year. — Commences  on  the  first  of  September,  and 
ends  on  thirty-first  day  of  August. 

27.  Fiscal  year. — The  school  fiscal  year  of  the  State  coincides 
with  the  school  year. 


I  NDBX 


INDEX. 


THE  SCHOOL  LAW. 
AGRICULTURAL  COLLEGE. 

Page 

Appointment  to,  sections  243  and  245 89,  90 

Appropriation  for  scholarships,  sections  246  and  247, 91,  92 

Examinations  for  admission  to,  sections  243  and  245, 89,  90 

Scholarships,  number  of,  sections  243  and  244, 89,  90 

APPEALS. 

Condemnation  of  land,  to  Circuit  Court,  sections  2i3|and  217,  .  76,  79 
State  Superintendent,  from  decision  of  County  Superintendent 

to,  sections  16,  29  and  42, 6,  10,  14 

State  Board  of  Education,  from  decision  of  State  Superintendent 

to,  section,  4,  division  VI,  and  16, 4,  6 

Suspension  of  pupil,  to  County  Superintendent,  section  80,  ...  27 
Teacher,  in  case  of  dismissal  of,  section  82, 27 

APPORTIONMENT  OF  SCHOOL  MONEYS. 

Abstract  of  apportionment  of  tax  to  be  given  to  certain  persons, 

sections  13  and  148, 5,  49 

Abstract  of  apportionment  to  schools  to  be  given  to  certain  per- 
sons, sections  13  and  28, 5,9 

Balances,  section  168, 57 

Reserve  fund,  section  158, .      53 

State  appropriation  to  counties,  section  13, 5 

State  appropriation  to  districts,  sections  28  and  159,  and  rule  34, 

9,  53,  124 

State  school  tax  among  counties,  section  148, 49 

State  school  tax  among  townships,  section  148, 49 

State  school  tax  to  districts,  section  159  and  rule  34,   ....    53,  124 

Surplus  revenue,  sections  159  and  189, .    .    .    .   53,  67 

Township  tax,  section  159  and  rule  34 53,  124 

ARBOR  DAY. 

City  Superintendents  to  prepare  programmes  for,  section  197,  .  .  69 
County  Superintendents  to  prepare  programmes  for,  section  197,  .  69 
State  Superintendent  to  issue  circulars  respecting,  section  196,  .  69 


216  INDEX. 


ASSESSORS.  Page. 

Abstract  of  tax  to  be  given  to,  section  148, 49 

Apportion  State  school  tax  among  townships,  section  148,  ...  49 
Assessment  for  payment  of  bonds,  sections  180,  183  and  186,  .  63,  64,  66 
Assessment  of  District  school  tax,  section  169  and  decision  No. 

13,  - 58,  137 

Assessment  of  State  school  tax,  sections  147,  148,  149,  150  and 

IS*. 49,50,51 

Assessment  for  satisfying  an  execution,  section  65, 20 

Assessment  of  township  school  tax,  section  147, 49 

Compensation  for  assessing  District  school  tax,  section  171  and 

decisions  Nos.  i  and  14, .61,  129,  137 

District  school  tax,  notice  of,  to  be  given  to,  section  169,  ....  58 

Execution,  assessment  for,  section  65, 20 

Fees  of,  section  171,  and  decisions  Nos.  i  and  14,  ....  61,  129,  137 

Incompatible  offices,  decision  No.  16 138 

Levy,  school  tax  to  be  a  separate  item  in,  section  170,  ...*..  60 
Poll  tax,  amount  of,  sections  169  and  313 58,110 

ASSOCIATION  OF  SCHOOL  SUPERINTENDENTS.    (See  State  Asso- 
ciation of  School  Superintendents.} 

ATTORNEY-GENERAL.  * 

Bonds,  to  approve  proceedings  authorizing  the  issue  of,  sections 

178,  181  and  185, 63, 64, 66 

Trustees  of  school  fund,  member  of,  section  126, 42 

BOARDS  OF  EDUCATION. 

Affidavit  required  to  bills,  section  73, 25 

Age  of  pupils,  section  87, 29 

Appropriations  for  current  expenses,  may  make  in  certain  cases, 

section  251, 93 

Appropriations,  modification  of,  section  256, 94 

Appropriations,  penalty  for  exceeding,  section  316, HI 

Appropriations  withheld  in  certain  cases,  sections  14,  22  and  41, 

5,  7,  14 

Bills  to  be  itemized,  section  72, 25 

Bonds  for  school-houses,  may  issue,  sections  174  and  175,  .   .   .  61,  62 

Bonds,  officers  to  give,  section  312, no 

Bribery,  penalty  for,  sections  315  and  318, HI,  112 

Calendar  year,  school  money  may  be  used  for,  section  260,   ...      95 

Census,  to  have  taken,  sections  248  and  249, 92 

Clerk  authorized  to  take  affidavit,  section  73, 25 

Colored  children,  penalty  for  voting  to  exclude,  section  85,  .    .    .      28 

Condemn  land  (See  Cities}. 

Contagious  diseases,  may  close  schools  in  case  of,  section  60,  .   .      19 


INDEX.  217 


BOARDS  OF  EDUCATION-  Continued.  Page. 

Contagious  diseases  prohibit  persons  exposed  to,  from  attending 

school,  section  61, 19 

Contract  with  teacher,  section  79, 27 

Current  expenses,  use  of  appropriation  for,  sections  251,  257  and 

282, 93,  94,  lor 

Election  of,  section  267, 96 

Examinations,  to  make  rules  for  City,  section  90 31 

Examiners,  to  appoint  City  Boards  of,  section  90, 31 

Fire  escapes,  copy  of  act  relating  to,  to  be  posted  in  school  house, 

section  113, 39 

Fire  escapes,  enforcement  of  act  requiring,  section  1 16, 39 

Fire  extinguishers,  to  provide,  section  114, 39 

Flags  for  school  houses,  may  purchase,  section  309, . 109 

Industrial  schools,  to  appoint  trustees  of,  section  230, 84 

Industrial  schools,  to  certify  that  money  has  been  raised  for,  sec- 
tions 227  and  233,    .    .    . 83,  85 

Industrial  schools,  to  report  to  State  Superintendent,  section  234,     86 
Library,  may  designate  where  it  shall  be  kept,  section  191,   ...      68 

Library,  rules  for,  section  193, 68 

Limit  of  expenditures,  may  fix  in  certain  cases,  section  250,     .    .      93 

Manual  training,  appropriations  for,  section  226, 83 

Manual  training,  course  of  study  in,  section  225, 82 

Manual  training,  report  of,  section  226, 83 

Mortgage  school  property,  sections  279  and  280, 99,  100 

Officers  to  give  bonds,  section  165, 56 

Penalty  for  failure  to  comply  with  school  law,  sections  14,  22,  41 

and  85, 5,  7,  14,  27 

Penalty  for  misuse  of  school  money,  section  121, 40 

Penalty  for  violation  of  school  law,  sections  14,  22,  41  and  74,  :    . 

< 5,  7,  14,  25 

President  of,  salary  of,  section  263,      96 

School  houses,  may  request  loans  for,  sections  268  and  275,    .   .  97,  98 
Superintendent,  in  cities  of  the  second  class,  may  appoint,  sec- 
tion 264, 96 

Supplies,  not  to  be  interested  in  furnishing,  sections  317  and  319,  112 

Supplies,  purchase  of,  section  261, 95 

Technical  schools,  to  appoint  trustees  of,  section  230, 84 

Technical  schools,  to  report  to  State  Superintendent,  section  234.,     86 
Technical  schools,  to  certify  that  money  has  been  raised  for,  sec- 
tions 227  and  233, 83,  85 

Temporary  loans  for  current  expenses,  sections  258  and  259,     .    .      95 

Term  of  office,  sections  266  and  267, 96 

Tuition  fees,  unlawful  to  charge,  section  86, 29 

Vaccination  of  school  children,  sections  61  and  62, 19 

Vote,  penalty  for  accepting  money  for,  sections  316  and  318,  .  in,  112 


218  INDEX. 


BONDS  OF  SCHOOL  DISTRICTS.  Page. 

Approval  by  Attorney-General  of  Proceedings,  authorizing  the 

issue  of,  sections  178,  181  and  185 63,  64,  66 

Assessment  for  payment  of,  sections  183  and  186, 64,  66 

Attested  by  District  Clerk,  section  174 61 

Authority  to  issue,  section  174  and  decision  No.  n, 61,  134 

Blanks  to  be  prepared  by  State  Superintendent,  section  179,  ...      63 

Borrow  from  school  fund,  sections  140,  141  and  188, 47,  67 

Boundaries  of  districts  organized  under  special  charters  not  to  be 

changed  while  bonds  are  outstanding,  section  29, 10 

Cancellation  of,  section  187, • 67 

Coupon  bonds,  shall  be,  section  181, 64 

Custodian  of  proceeds  of  sale  of,  section  166  and  rule  35,    ...  56,  124 
Duplicate  copy  of  Proceedings  to  be  sent  to  the  State  Superin- 
tendent, section  181, 64 

Interest,  rate  of,  section  174 61 

Interest,  when  payable,  section  181, 64 

Lien  upon  entire  District,  sections  174,  181  and  185,    ...    61,  64,  66 
Proceedings,  authorizing,  copy  to  be  filed  with  State  Superin- 
tendent, section  189 67 

Purposes,  may  be  issued  for  what,  section  174 61 

Renewal  of,  sections  184,  185,  186,  187  and  188, 65,  66,  67 

Reports  to  the  State  Superintendent,  section  182, 64 

Signed  by  Trustees,  section  174, 61 

BOROUGHS.     (See  Special  Charters.} 

BUILDINGS,  SCHOOL. 

Amount  of  bonds  authorized  in  Cities,  section  280, 100 

Appeal  to  Circuit  Court  in  condemnation  of  land,  section  213,  .    .      76 

Bonds  authorized,  section  174, 61 

Bonds  in  cities  for  erecting,  sections  175  and  176, 62,  63 

Condemn  land  for,  sections  209  and  214, 74,  77 

Condemn  land,  payment  for,  sections  213  and  215, 77,  79 

Condemn,  power  of  County  Superintendent  to,  section  in,  .    .    .      38 

Damages  to,  who  are  liable  for,  sections  83  and  314, 28,  no 

Doors  to  open  outwardly,  sections  41  and  112, 14.38 

Fire  escapes,  to  have,  sections  112  and  115, 38,39 

Fire  escapes,  copy  of  act  relating  to,  to  be  posted  in  school  house, 

section  113, 39 

Fire  extinguishers,  to  have,  section  114, 39 

Flags  for,  sections  309,  310  and  311, 109,  no 

Insurance  on,  section  66,  division  IV, 22 

Loans  in  cities,  sections  175,  268,  272,  274,  275,  276,  282  and  285, 

62,  97,  98,  99,  101,  102 

Mortgages  on,  in  cities,  section  279,  . 99 


INDEX.  219 


BUILDINGS,  SCHOOL  -Continued,  Page. 

Penalty  for  failure  to  provide  a  suitable  school -house,  section  41,  14 
Plans  for  school-houses,  State  Superintendent  to  prepare,  section 

23,   -    •    -  ' 8 

Plans  for  school-houses,  State  Superintendent  to  preserve,  section 

17, 6 

Poll  tax  for,  section  169, 58 

Site,  selection  of,  foot  note  to  section  169, 58 

Suitable  buildings,  penalty  for  failure  to  provide,  sections  41  and 

in 14,  38 

Tax  to  build  or  repair,  section  169, 58 

Taxable  residents,  majority  of,  to  vote  for  condemnation  of  land, 

sections  209  and  214,  .  . 74>  77 

Temporary  loans  in  cities  for,  sections  269  and  270, 97 

Temporary  loans  in  cities,  security  for,  sections  270  and  271,  .  .  97 
Township  Committee  to  build  in  certain  cases,  section  299,  .  .  .  106 
Use  of  for  other  purposes,  section  66,  division  XII, 22 

CERTIFICATES. 

Average  required,  rule  3 117 

Branches  required  for  county,  rules  15,  16  and  17, 119,120 

Branches  required  for  State,  rules  22,  23  and  24, 121,  122 

College  diploma  accepted,  rule  7, 118 

Contract  not  valid  unless  teacher  holds  certificate,  rule  i,  .   .    .    .    117 

County  Superintendent,  to  be  exhibited  to,  rule  i, 117 

County  Superintendents  to  keep  record  of,  rule  i, .    117 

County,  where  valid,  section  89  and  rules  15,  16,  17  and  18,      119,  120 

Examinations  for  city,  sections  11  and  90, 5,  31 

Examinations  for  county,  sections  u  and  89  and  rules  3,  4,  7,  8, 

9,  10,  n,  12,  15,  16,  17,     . 5,  29,  117,  118,  119,  120 

Examinations  for  State,  sections  n  and  88  and  rules  3,  4,  7,  8,  9, 

10,  11,  12,  21, 5,  29,  117,  118,  119,  121,  122 

Examinations,  county,  times  for  holding,  rule  13, 119 

Examinations,  State,  times  for  holding,  rule  21, 121 

First  grade  county  certificates,  where  valid,  rule  15 119 

Grammar  schools,  definition  of,  rule  1 8, 120 

High  schools,  definition  of,  rule  18, 120 

Normal  graduates,  certificates  tov  rule  25, 122 

Primary  schools,  definition  of,  rule  18, 120 

Provisional  certificates,  rule  2, 117 

Questions,  examination,  rule  19, 121 

Record,  county  superintendent  to  keep,  rule  i, 117 

Revocation  of  county,  section  22  and  rule  5, 7,  118 

Revocation  of  State,  sections  22  and  88  and  rule  5 7,  29,  118 

Second  grade  county,  where  valid,  rule  16,  ............    120 

Special  credit  marks,  rule  10, 118 


220  INDEX. 


CERTIFICATES  -  Continued.  Page. 

Special  examinations,  section  89  and  rule  19, 29,121 

Special  teachers,  certificates  for,  rule  12, .    .    .    119 

State  certificate  from  other  States  may  be  endorsed;  rule  8,  ...    118 
State,  where  valid,  section  88  a*id  rules  22,  23  and  24,  .   .     29,  121,  122 

Teachers  required  to  hold,  section  78  and  rule  i, 27,  117 

Teachers  required  to  exhibit  certificates  to  county  superintend- 
ents, rule  i, 117 

Third  grade,  where  valid,  rule  17, .    120 

Temporary,  rule  2, 117 

Testimonials  required,  rule  4, 118 

Ungraded  schools,  definition  of,  rule  18, 120 

Validity  of,  sections  88  and  89  and  rules  15,  16,  17,  18,  22,  23  and 

24, 29,    119,    120,    121,    122 

Written  examinations,  rule  9, 118 

CHILDREN  IN  FACTORIES.     (See,  also,  Compulsory  Education.} 

Ages  of  children  in  factories,  sections  199,  200,  236,  237  and  238, 

69,  70,  86,  87 

Certificate  that  child  has  attended  school,  sections  200  and  237, 

70,87 

Corporations,  proceedings  against,  section  208, 73 

Evening  schools,  section  207, 73 

Fines,  to  whom  paid,  section  242, 89 

Hou.sof,  limiting  the,  section  238, 87 

Inspector,  appointment  of,  section  240, 88 

Inspector,  expenses  of,  section  241, 89 

Inspector,  salary  of,  section  240, 88 

Penalty  for  violating  act,  section  239, 87 

Temporary  schools,  section  206, 73 

CITIES. 

Age  of  pupils,  section  87, 29 

Appropriations,  for  what  3^ear  made,  decision  3, 130 

Appropriations  to,  withheld  in  certain  cases,  sections  14,  22  and 

41, 5.  7,  15 

Appropriations,  modification  of,  section  256, 94 

Appropriations,  penalty  for  exceeding,  section  316,  .   .   .    .   .   .    .    in 

Arbor  Day,  sections  196  and  197, 69 

Assessment  for  payment  of  bonds,  section  180, 63 

Assessment  of  school  tax  in,  sections  148  and  253,   ......  49,  93 

Association  of  School  Superintendents,  section  45 14 

Balance  of  school  moneys  to  be  returned  to  county,  section  168,  .      57 

Boards  of  Education.     (See  Boards  of  Education) 

Boards  of  Examiners,  section  90, 31 


INDEX.  221 


CITIES— Continued.  Page. 

Bonds,   Attorney- General   to  approve  proceedings  authorizing, 

section  178, 63 

Bonds,  copy  of  x    ^ceedings  authorizing,  to  be  filed  with  State 

Superintendent,  section  178, 63 

Bonds,  custodians  of  L  Vbool  moneys  to  give,  secHon  165,  ....      56 
Bonds  for  erecting  school-houses,  sections  175,  176,  258,  270,  271 

and  272, 62,  63,  95,  97,  98 

Bribery,  penalty  for,  sections  315  and  318 111,112 

Calendar  year,  State  money  may  be  used  for,  section  260,  ....      95 

Census  reports  to  County  Superintendents,  section  248, 92 

Census  takers,  appointment  of,  section  248, 92 

Census,  time  of  taking,  section  248  and  decision  No.  2,  ...     92,  129 

City  Superintendent,  powers  of,  section  25, 8 

City  Superintendent,  payment  of  salary  of,  decision  No.  7,  ...    133 

City  Superintendent,  report  of,  sections  44  and  45, 14,  15 

City  Superintendent  to  prepare  programmes  for  Arbor  Day,  sec- 
tion 197, 69 

Colored  children,  right  of,  to  attend  any  school,  section  84,  ...      28 

Compensation  for  taking  census,  section  249 92 

Condemn  land,  appeal  to  court,  section  221, 80 

Condemn  land,  award  of  commissioners,  section  221, 80 

Condemn  land,  commissioners  to,  section  220,  *. 80 

Condemn  land,  compensation  of  commissioners,  section  223,    .    .      82 

Condemn  land,  expenses,  section  224, 82 

Condemn  land,  notice  to  owners,  section  221, 80 

Condemn  land,  oath  of  commissioners,  section  221 80 

Condemn  land,  payment  of  award,  section  221, .    .      80 

Condemn  land,  power  to,  section  220, 80 

Condemn  land,  title  to  section  222, 82 

Contagious  diseases,  persons  exposed  to,  prohibited  from  attend- 
ing school,  sections  61  ai'd  62,  .    .......      19 

Contagious  diseases,  schools  may  be  closed  in  case  of,  section  60,     19 

Contracts  with  teachers,  section  79, 27 

Corporal  punishment,  section  81  and  decision  No.  8,    ....     27,  134 

Current  expenses,  use  of  appropriation  for,  section  257, 94 

Damages  to  school  property,  sections  83  and  314, 28,110 

Disorderly  conduct,  disturbing  school  by,  section  314 no 

Doors  to  open  outwardly,  sections  41  and  112, 14,38 

Examinations,  section  ii  and  90, 5,31 

Expenditures,  limit  of,  sections  250,  252  and  255, 93,  94 

Fire  escapes  to  school-houses,  sections  112  and  1 15, 38,39 

Fire  extinguishers,  to  provide,  section  114, 39 

Flags  for  school-houses,  sections  309,  310 and3ii, 109,110 

Graded  schools,  reports  of,  section  77, 26 

Holidays,  section  79  and  decision  No.  17, 27, 139 


222  INDEX. 


CITIES—  Continued.  Page. 

Incidentals,  amount  allowed  for,  section  119  and  decision  No.  9, 

39,  134 

Incorporated  city  or  town  shall  form  but  one  School  District,  sec- 
tion 29,  . '. 10 

Indigent  children,  tax  for  education  of,  section  262, 95 

Industrial  schools,  appropriations  for,  sections  229  and  233,  .    .  83,  85 

Industrial  schools,  tax  for,  sections  229  and  233, 84,  85 

Industrial  school,  trustees  of,  sections  230  and  235, .  84,  86 

Limit  of  expenditure,  sections  250,  252  and  255,     .   .    .    .    .    .    .  93,  94 

Loans  for  school  houses,  sections  175,  269,  272,  273,  275,  276,  282, 

285, 62,  97,  98,  99,  101,  102 

Manual  training,  appropriation  for,  section  295,    ........      82 

Manual  training,  report  of,  section  226, 83 

Manual  training,  course  of  study,  section  225, 82 

Mortgage  school  houses,  sections  279  and  280 99, 100 

Payment  of  school  tax  to,  section  16 1, 54 

Payment  of  State  appropriation  to,  section  28, 9 

Penalty  for  exceeding  appropriations,  sections  316,      in 

Penalty  for  failure  of  City  Superintendent  to  report,  section  67,     23 

Penalty  for  misuse  of  school  moneys,  section  121, 40 

Penalty  for  failure  to  keep  schools  open  nine  months,  section  14,  5 
Penalty  for  failure  to  provide  a  suitable  school  house,  section  41,  14 
Penalty  for  violation  of  school  law,  sections  14,  22,  41  and  74, 

5,  7,  14,     25 

Plans  for  school  houses,  State  Superintendent  to  prepare,  section 

23, •   •   -  - 8 

Presidents  of  Boards  of  Education,  salary  of,  section  263,    ...  96 

Pupils,  age  of,  section  87, 29 

Religious  services,  section  126, 42 

Residence  of  school  children,  decision  No.  12 136 

Reports  of  City  Superintendents,  sections  44  and  45, 14,  15 

School  houses,  State  Superintendents  to  prepare  plans  for,  sec- 
tion 23,     8 

School  year,  section  125  and  decision  No.  10, 41,  134 

Special  tax,  may  raise,  section  169 58 

State  Association  of  School  Superintendents,  section  43,  ....  14 
State  school  moneys,  apportioned  for  what  year,  decisions  Nos.  3 

and  10, 130,  134 

Suitable  school  houses,  penalty  for  failure  to  provide,  section  41,  14 

Superintendents  in  cities  of  the  second  class,  section  264,  ...  96 
Supplies,  officers  not  to  be  interested  in  furnishing,  sections  316 

and  319 in,  112 

Supplies,  purchase  of,  section  261,  .   .  v 95 

Tax  for  school  purposes,  may  raise,  section  169, 58 

Tax  for  school  purposes,  may  increase,  sections  250  and  253,    .    .  93 


INDEX.  223 


CITIES—  Continued.  page. 

Tax  for  schools  to  be  separate  item  in  levy,  section  170,    ....      60 
Technical  schools,  appropriations  for,  sections  227  and  233,  .    .   83,  85 

Technical  schools,  tax  for,  sections  229  and  233, 84,  85 

Technical  schools,  trustees  of,  sections  230  and  235, 84,  86 

Temporary  loans  for  current  expenses,  sections  258  and  259,     .    .      95 
Temporary  loans  for  school  houses,  sections  269,  272  and  275,  .   97,  98 

Temporary  loans,  security  for,  sections  277  and  278 99 

Term,  school,  section  14, 5 

Terms  of  office,  sections  266  and  267, 96 

Tuition  fees,  unlawful  to  charge,  section  86, 29 

Truant  officer,  section  203, , 71 

Vaccination  of  school  children,  section  62, 19 

Vote,  penalty  for  accepting  money  for,  sections. 316  and  318,     in,  112 

CITY  SUPERINTENDENTS. 

Agricultural  college,  examinations  for  scholarships  in,  section 

245, 90 

Appointment  of,  in  cities  of  the  second  class,  section  264,     ...  96 

Arbor  day,  to  prepare  programme  for,  section  197, 69 

Penalty  for  failure  to  report,  section  67, 23 

Powers  of,  section  25 8 

Reports  of,  sections  44  and  45, 14,  15 

Salary,  payment  of,  decision  No.  7, 133 

State  Association  of  School  Superintendents,  section  43,  ....  14 

Supplies,  not  to  be  interested  in  furnishing,  sections  317  and  319,  112 

COMPTROLLER,  STATE. 

Abstract  of  tax,  to  give  to  County  Collectors,  section  148,    ...     49 
Agricultural  college,  appropriations  for,  sections  246  and  247,  .   91,  92 

Apportion  tax  for  collection,  section  148, 49 

Apportionment  of  school  moneys,  abstract  to  be  given  to,  sec- 
tion 13,  .  • 5 

Appropriations]' from  school  fund,  to  draw  warrants  for,  sections 

23,  130,  144,  145  and  146 8,  44,  48,  49 

Expenses  of  State  Board  of  Education,  to  draw  warrants  for,  sec- 
tions 6  and  129,  division  IV, 4,  43 

Expenses  of  State  Superintendent,  to  draw  warrants  for,  section 

5,  division  V,  and  129,  division  VIII, .     4,  43 

Manual  training,  appropriations  for,  section  225, 82 

Repairs  to  Normal  School,  to  draw  warrants  for,  sections  93  and 

129,  division  III, 32,  43 

State  appropriation,  orders  drawn  on,  sections  13,  144  and  145,      5,  48 

State  school  tax,  orders  drawn  on,  section  158, 53 

State  school  tax,  to  draw  warrants  for,  section  160, 54 


224  INDEX. 


COMPTROLLER,  STATE—  Continued.  PagCt 

Technical  schools,  to  draw  warrants  for  payments  to,  sections 

227> 83 

Trustees  of  school  fund,  member  of,  section  126, 42 

COMPULSORY  EDUCATION.     (See  also  Labor  of  Children.} 

Age  of  children  in  factories,  sections  199,  200,  236,  237  and  238, 

69,  70,  86,  87 

Certificate  that  child  has  attended  school  the  preceding  year,  sec- 
tion 237, 87 

Compensation  of  truant  officers,  section  203, .      71 

Corporations,  proceedings  against,  section  208,     73 

Evening  schools,  section  207, 73 

Inoperative  in  certain  cases,  section  205, 73 

Juvenile  disorderly  persons,  who  are,  section  202, 70 

Notice  to  be  given  by  truant  officers,  section  204, 71 

Penalty  for  violating  act,  sections  203,  204  and  239, 71,  87 

Reform  school,  children  sent  to,  section  204, 71 

Temporary  schools,  section  206, I. 73 

Time  children  must  attend  school,  sections  198,  199  and  200,    .   69,  70 

Truant  officers,  appointment  of,  section  203, 71 

Truant  officers,  compensation  of,  section  203,     71 

Truant  officers,  duties  of,  sections  204  and  205, 71,  73 

CONDEMNING  LAND  FOR  SCHOOL-HOUSES. 

Appeal  to  Circuit  Court,  sections  213  and  217, 76,  79 

Award  of  Commissioners  to  be  filed,  sections  211  and  214,     .    .   74,  77 

Cities,  proceedings  in.     (See  Cities). 

Commissioners,  appointment  of,  sections  211  and  214,     ....   74,  77 

Jury,  trial  by,  section  218, 79 

Notice  of  appointment  of  commissioners,  sections  211  and  214,  74,  77 

Notice  to  owners,  section  2ii,    .    .    . 74 

Payment  of  award,  sections  212  and  215, 76,  79 

Power  to  provide  land,  sections  209  and  214, 74,77 

Survey,  power  of  trustees  to,  section  210, 74 

Taxable  residents  to  vote,  section  209, 74 

Title  to  vest  in  Trustees,  section  216, 79 

Vacancy  in  Board  of  Commissioners,  how  filled,  section  211,  .   .      74 

CORPORAL  PUNISHMENT. 

Prohibited,  section  81  and  decision  No.  8 27,  134 

COUNTY  COLLECTORS. 

Abstract  of  tax,  to  give  to  Assessors,  section  148,     49 

Apportionment  of  school  moneys,  abstract  to  be  given  to,  sections 
13  and  148, 5,  49 


INDEX.  225 


COUNTY  COLLECTORS— Continued.  Page. 

Balances  to  be  paid  to,  section  168, 57 

Collection  of  tax,  sections  147  and  157, 49,  52 

County  Superintendents'  expenses,  payment  of,  section  26,  .  .  9 
County  Superintendents'  salary,  to  withhold,  section  22,  ....  7 

District  tax,  not  to  be  be  paid  to,  section  172, 61 

Examiners'  fees,  payment  of,  section  89, 29 

Fourth  class  counties,  payment  of  school  tax  in,  section  157,  .  .  52 
Orders  for  State  appropriation  drawn  in  favor  of,  sections  13  and  28,  5,  9 
Orders  for  State  school  tax  drawn  in  favor  of,  sections  158  and  160,  53,  54 
Payment  of  tax  to  State  Treasurer,  sections  154  and  156,  .  .  .  51,  52 
Payment  to  township  collectors,  sections  157  and  161,  ....  52,  54 
Report  to  County  Superintendent  amount  of  balances  received, 

section  168, 57 

Third  class  counties,  payment  of  school  tax  in,  section  157,     .   .      52 

COUNTY  SUPERINTENDENTS. 

Affidavit,  may  take,  section  27, 9 

Agent  for  books,  &c.,  shall  not  act  as,  rule  32, 123 

Agricultural  College,  appoint  students  to,  section  243, 89 

Agricultural  College,  examinations  for  scholarships  in,  sections 

243  and  245, 89,  90 

Appeal  by  teacher  in  case  of  dismissal,  section  82, 27 

Appeal  by  teacher  in  case  of  pupil  suspended,  section  80,    ...      27 

Appeal  from  decision  of,  sections  16  and  42, 6,  14 

Appeal  from  decision  of,  in  boundaries  of  districts,  section  29,    .      10 

Appoint  district  clerks,  sections  40  and  57, 13,  18 

Appoint  meetings  of  township  boards  of  trustees,  section  51,    .    .      16 

Appoint  trustees,  sections  35,  39  and  56, 12,  13,  17 

Appointed  by  State  Board  of  Education,  sections  5  and  24,    ...   4,  8 

Appointed  by  State  Superintendent,  rule  44, 125 

Apportion  balances,  section  168, 57 

Apportion  township  tax,  section  159  and  rule  34, 53,  124 

Apportion  State  appropriation,  sections  28  and  159,  and  rule  34, 

9,  53,  124 

Apportion  State  school  tax,  section  159  and  rule  34, 53,  124 

Apportion  surplus  revenue,  section  159  and  rule  34, 53,  124 

Apportionment,  statement  of  to  be  given  to  certain  persons,  sec- 
tions 13  and  28, 5,  9 

Appropriations  to  schools,  to  draw  orders  for,  sections  28  and  161,  9,  54 
Appropriations  to  be  withheld  in  certain  cases,  sections  14,  22 

and  41, 5,  7,  14 

Arbor  Day,  to  prepare  programmes  for,  section  197, 69 

Association  of  school  superintendents,  section  43, 114 

Balances  may  be  used  for  repairs  in  certain  cases,  section  168, .  .  57 
Balances,  to  re-apportion,  section  168, 57 

14 


226  INDEX 


COUNTY  SUPERINTENDENTS—  Continued.  Page. 

Blanks,  to  distribute,  rule  29 123 

Books,  to  prescribe,  sections  66,  division  VI,  and  83, 22,  28 

Bribery,  penalty  for,  sections  315  and  318, 111,112 

Boundaries  of  districts,  to  fix,  sections  29  and  30,  and  rules  37  and 

38, 10,  124,  125 

Census  in  new  districts,  section  30, 10 

Census  reports,  sections  59  and  248, 59,  92 

Census,  to  deduct  one-fifth  in  certain  cases,  section  67,     ....      23 

Certificates,  to  keep  record  of,  rules  i  and  6, 117,118 

Certificates,  revocation  of,  section  22  and  rule  5, 7,  118 

Certificates,  to  grant,  sections  29  and  89,  and  rules  2,  12   15,  16 

and  17, 10,  29,  117,  119,  120 

Certificates  to  be  exhibited  to,  rule  i, 117 

City  to  form  but  one  district,  section  29, 10 

Condemn  school  houses,  section  in, 38 

Course  of  study,  to  prescribe,  sections  66,  division  VI,  and  83,    22,  28 

Decide  disputes,  sections  42  and  80,  and  rule  30, 14,.  27,  123 

Distribute  blanks,  &c.,  rule  29, 123 

District  boundaries  not  to  be  changed  in  certain  cases,  section  29,     10 

District  tax,  abstract  of,  to  be  given  to,  section  169, 58 

*     District  Clerk,  to  appoint,  sections  40  and  57, 13,  18 

District  Clerk,  removal  of,  section  40, 13 

Districts,  changes  in  boundaries,  appeal  to  State  Superintendent, 

section  29, 10 

Districts,  .changes  in  boundaries  not  to  be  made  while  tax  is 

pending,  rule  38, 125 

Districts,  changes  in  boundaries  to  be  approved  by  State  Super- 
intendent, section  30  and  rule  37, 10,  124 

Districts  to  use  money  for  incidentals,  may  authorize,  section  119,     39 

Districts,  Census  in  new,  sections  29  and  30, 10 

Districts,  fix  and  alter  boundaries  of,  sections  29,  30  and  64,  and 

rules  37  and  38, 10,  20,  124,  125 

Examinations  for  Agricultural  College,  sections  243  and  245,  .   89,  90 
Examinations,  regular,  sections  29  and  89,  and  rules  7,  9,  10,  n, 

13,  14,  15,  16  and  17, ,    .    .    .     10,  29,  118,  119,  120 

Examinations,  may  grant  special,  section  89  and  rule  19,  .    .     29,  121 

Examiners,  to  appoint,  section  89, 29 

Expenses,  payment  of,  section  26  and  rule  43, 9,  125 

Graded  schools,  reports  of,  section  77, 26 

Graded  schools,  to  call  meetings  to  establish,  sections  29  and  no, 

10,  68 

Incorporated  City  or  Town  shall  form  but  one  District,  section 

29, 10 

Institutes,  sections  5,  division  IV,  129,  division  VI,  and  146,  and 

rule  36, 4,  43,  49,  124 


INDEX.  227 


COUNTY  SUPERINTENDENTS  -Continued.  Page. 

Institutes,  may  excuse  teachers'  attendance  at,  rule  41,    ....    121 

License  teachers,  section  29 10 

Library  for  teachers,  sections  194  and  195, 68 

Map  of  District  boundaries,  rule  37, 124 

Oath,  power  to  administer,  section  27, 9 

Office  rent,  no  allowance  for,  rule  43 125 

Orders  for  examiner's  salary,  to  draw,  section  89, 29 

Orders  for  school  money,  to  draw,  sections  28  and  161,    ....     9,  54 
Penalty  for  failure  of  district  clerk  or  city  superintendent  to  report 

to,  section  67, 23 

Penalty  for  failure  to  report,  rules  40  and  42, 125 

Penalty  for  acting  as  agent,  &c.,  rule  32,  . 123 

Penalty  for  non-perf  jrmance  of  duties,  section  22,  and  rules  40 

and  42, 7,  125 

Plans  of  school  houses,  section  23 8 

Preserve  reports,  &c.,  rule  31, 123 

Provisional  certificates,  may  issue,  rule  2,    . 117 

Re-apportion  money  forfeited  by  District,  section  121, 40 

Record  of  certificates,  to  keep,  rules  i  and  6, 117,  118 

Record  of  condition  of  schools,  to  keep,  rule  27, 123 

Removal  of  District  Clerk,  section  40, 13 

Removal  for  cause,  section  24, 8 

Report,  annual,  sections  44  and  45,  and  rule  40, 14,  15,  125 

Report  of  Districts  to,  sections  58  and  66,  division  XI,    .   .   .    .    18,  23 

Report  of  teachers  to,  section  77 26 

Report  to  State  Superintendent,  at  close  of  term,  rule  39,   ....    125 
Report  to  State  Superintendent  of  revocation  of  certificate,  sec- 
tion 22  and  rule  6, 7,  118 

Salary,  section  25, 8 

School  houses,  plans  of,  section  23, 8 

Special  law,  to  be  filed  with  certificate  of  abandonment  of,  sec- 
tion 123, 41 

State  Association  of  School  Superintendents,  section  43,    ....      14 
State  Board  of  Education,  appointment  by,  sections  5  and  24,  .    .  4,  8 

Supervision  of  schools,  section  25  and  rule  28, 8,123 

Teachers,  appeal  by, -sections  80  and  82, 27 

Teachers'  library,  sections  194  and  195, 68 

Teachers  to  report  to,  section  77,  • ' 26 

Temporary  certificates,  may  issue,  rule  2, 117 

Term  of  office,  section  24, 8 

Text-books,  may  prescribe,  sections  66,  division  VI,  68  and  83, 

22,  24,  28 

Township  Boards  of  Trustees,  shall  hold  meetings  of,  sections 

51  and  75,  and  rule  33, 16,25,124 

Township  Collectors  report  to,  section  162, 55 


228  INDEX. 


COUNTY  SUPERINTENDENTS  -Continued.  pags. 

Township  tax,  ascertain  amount  of,  rule  34, 124 

Trustees  of  new  Districts,  to  appoint,   sections  35,   39  and  56, 

• 12,  13,  17 

Trustees,  to  fill  vacancy  in  Boards  of,  section  39, 13 

Vacancy  in  office,  how  filled,  rule  44 125 

Visitation  of  schools,  section  25  and  rule  26, 8,122 

Withhold  school  moneys  from  certain  persons,  sections  14  and  22, 

5,  7 

Withhold  school  moneys  from  JDistricts,  sections  14,  22,  41  and 
in,  and  rule  35, 5,7,14,38,124 

DEAF-MUTE  SCHOOLS. 

Admission  of  pupils,  section  104, 34 

Age  of  pupils,  section  106, 36 

Apparatus,  Trustees  to  purchase,  section  104, 34 

Appropriation  for  pupils,  section  109, 37 

Appropriations,  Governor  to  approve,  section  109, 37 

Certificate  required  from  pupils,  section  104    ...... 34 

Compensation  of  Treasurer,  section  105, 35 

Contract,  supplies  to  be  furnished  by,  section  108 36 

Expenses,  how  paid,  section  109 37 

Fire  escapes,  sections  112  and  115, 38.  39 

Fire  escapes,  copy  of  act  relating  to,  to  be  posted  in  building, 

section  113, 39 

Governor,  report  of  number  of  pupils  to  be  made  to,  section  109,  .  37 

Governor  to  approve  appropriations,  section  109,  ..........  37 

Indigent  pupils,  admission  of,  sections  106  and  107, 36 

Name  of  school,  section  103, 34 

Number  of  pupils,  section  104, 34 

Object  of  school,  section  104 34 

Pupils,  admission  of,  sections  104,  106  and  107, 34,  36 

Pupils,  age  of,  section  106, 36 

Pupils,  appropriation  for,  section  109, 37 

Pupils,  certificate  for,  section  104, 34 

Pupils,  number  of,  section  104, 34 

Pupils,  qualifications  of,  section  104, 34 

Pupils,  report  to  Governor  of  number  of,  section  109, 37 

Pupils,  term  of  instruction,  section  106, 36 

Report  to  Governor  of  number  of  pupils,  section  109, 37 

School  Fund,  expenses  to  be  paid  from,  section  109, 37 

School,  name  of,  section  103, 34 

School,  object  of,  section  104, 34 

State  Board  of  Education,  trustees  of  school,  section  3, 3 

Superintendent  of,  section  104,  .  . 34 

Superintendent  to  invite  proposals  for  supplies,  section  108,  ...  36 


INDEX  229 


DEAF-MUTE  SCHOOLS— Continued.  page. 

Supplies  to  be  furnished  by  contract,  section  108, 36 

Teachers,  how  appointed,  section  104 34 

Term  of  instruction,  section  106,  .  . 36 

Text-books,  trustees  to  purchase,  section  104 34 

Treasurer  of,  section  104, 34 

Treasurer,  bond  of,  section  104, 34 

Treasurer,  compensation  of,  section  105, 35 

Trustees  of,  section  3, 3 

Trustees,  powers  of,  section  104, 34 

Trustees  to  appoint  superintendent  and  teachers,  section  104,  .    .  34 

DISTRICT  CLERK. 

Accounts,  to  keep,  section  162, 55 

Affidavit,  authorized  to  take,  section  73, 25 

Appointed  by  County  Superintendent,  sections  40  and  57,     .    .    13,18 
Appointed  by  Trustees,  sections  36  and  57,  and  decision  No.  19, 

12,  18,  140 

Apportionment  of  school  moneys,  abstract  to  be  given  to,  sec- 
tion 28 9 

Bonds  to  be  attested  by,  sections  174  and  184, 61,65 

Bonds  to  be  coupon,  section  181 64 

Bonds,  to  draw  warrants  for  payment  of,  sections  183  and  186,     64,  66 
Bonds,  proceeds  of  sale  of,  to  be  deposited  with  township  col- 
lector, rule  35 124 

Bribery,  penalty  for,  sections  315  and  318 in,  112 

Census  report  to  County  Superintendent,  section  59, 18 

Census,  to  take,  section  59, 18 

Census,  to  keep  copy  of,  section  59, 18 

Certify  that  register  has  been  properly  kept,  section  76, 26 

Compensation  for  taking  census,  section  59 18 

Damages  to  school  property,  to  collect,  section  83, 28 

District  meeting  to  post  notices  for,  section  46, 15 

District  tax,  decisions  13  and  14, 137 

District  tax,  to  notify  certain  persons  of,  section  169 58 

Election  of  trustees,  to  post  notices  of  meeting  for,  sections  46, 

49  and  55, 15,  16,  17 

Financial  account,  to  keep,  section  58 18 

Financial  report  to  County  Superintendent,  section  58, 18 

Financial  report  to  District,  section  58,  .  . 18 

Financial  report  to  Township  Committee,  section  58, 18 

Five  trustees,  to  post  notices  for  election  of,  section  55, 17 

Minutes  of  District  Meetings,  section  58, 18 

Minutes  of  Trustee  Meetings,  section  58, 18 

Notice  of  District  Meetings,  to  post,  sections  46,  47,  52,  55  and 

169,     15,  16,  17,  58 


230  INDEX 


DISTRICT  CLERK— Continued.  :Page. 

Notices,  penalty  for  failure  to  post,  section  47 16 

Notice  of  tax  to  be  given  to  certain  persons,  section  169,  ....  58 
Orders,  to  issue,  sections  58  and  162,  and  rule  35,  ....  18,  55,  124 
Penalty  for  failure  to  perform  duties,  sections  40  and  47,  and  rule 

35,  •  •  • 13,  16,  124 

Penalty  for  failure  to  post  notices,  section  47, 16 

Penalty  for  failure  to  report,  section  67,  .  .  ,  . 23 

Register,  to  certify  to,  section  76, 26 

Repairs  to  school-house,  section  63, 20 

Removal  of,  section  40, 13 

Report  to  County  Superintendent,  sections  45,  66,  division  XI, 

and  162, 15,  23,  55 

Report  of  indebtedness  of  district,  section  182, 64 

Report  to  Township  Committee,  sections  45  and  162,  ....  15,  55 
Supplies  for  schools,  to  furnish,  sections  63,  68  and  72,  .  .  20,  24,  25 
Supplies,  not  to  be  interested  in  furnishing,  sections  317  and  319,  112 

Teacher  to  exhibit  register,  section  76, 26 

Text  books,  to  collect  damages  for  injury  to,  section  68,  ....  24 

Text-books,  may  provide,  section  68,  24 

Text-books,  tax  for,  section  69, 24 

Tuition  fees  to  be  deposited  with  township  collector,  rule  35,  .  .  124 

Vacancy,  how  filled,  sections  40  and  57, 13,  18 

Vaccination,  to  record  all  children  in  need  of,  section  62,  ....  19 
Vote,  penalty  for  accepting  money  for,  sections  315  and  318,  .  in,  112 
Withhold  salary  from  teacher,  section  76, 26 

DISTRICT  SCHOOLS.     (See  also  Buildings  and  School  Trustees.) 

Age  of  pupils,  section  87, 29 

Appointment  of  trustees,  sections  35  and  39, 12,  13 

Appropriations,  for  what  year  made,  Decision  No.  3, 130 

Appropriations  to  be  withheld  in  certain  cases,  sections  14  and 

26,    .    .    .    .    , .    . 5,  7 

Balances  to  be  returned  to  county,  section  168, 57 

Balances  may  be  used  for  repairs  in  certain  cases,  section  168,     .      57 

Ballot,  vote  to  be  by,  sections  50  and  173, 16,  61 

Bonds,  assessment  for  payment  of,  section  183, *  .      64 

Bonds,  Attorney-General  to  approve  proceedings  authorizing,  sec- 
tions 178,  181  and  185, 63,  64,  66 

Bonds  a  lien  upon  entire  District,  sections  181  and  185   .    ...   64,  66 

Bonds  authorized,  section  174  and  decision  No.  n, 69,  134 

Bonds,  proceeds  of  sale  of,  to  be  deposited  with  township  col- 
lector, rule  35, 124 

Bonds,  renewal  of,  sections  184  and  185, 65,  66 

Borrow  money  to  pay  teachers'  salaries,  section  120, 40 

Boundaries,  appeal  to  State  Superintendent  to  fix,  section  29,  .    .      10 


INDEX  281 


DISTRICT  SCHOOLS  -Continued.  page. 

Boundaries,  how  fixed,  sections  29,  30,  64,  and  rule  37,    .    .  10,  20,  124 

Boundaries,  while  tax  is  pending,  change  of,  rule  38, 125 

Buildings,  how  provided,  sections  66,  division  III,  in  and  169, 

' 22,  38,  58 

Buildings  to  be  suitable,  sections  41  and  in, .    14,  38 

Census  in  new  districts,  section  30, 10 

Census,  when  taken,  sections  59  and  67, 18,  23 

Clerk,  appointed  by  County  Superintendent,  sections  40  and  57, 

13,  18 

Clerk,  appointed  by  Trustees,  sections  36  and  57,  and  decision 

No.  19, 12,  18,  140 

Colored  children,   right  to   attend  school,  sections  84  and  85,     28 

Condemn  land  for,  section  209, 74 

Consolidated  districts,   sections  31,  32,  33,  34,  35,  36,  37,  38,  295, 

296  and  297, n,  12,  13,  105 

Consolidated  districts,  property  and  debts  of,  sections  32  and  38, 

ii,  13 

Consolidation  of  districts,  sections  31  and  295, 11,105 

Contagious  diseases,  not  to  attend  school,  persons  exposed   to, 

sections  60,  61  and  62, 19 

Contract  with  teacher,  section  79, 27' 

Corporate  name,  section  64, 20 

Corporal  punishment,  section  81  and  decision  No.  8 27,  134 

County  Superintendent  to  visit,  rule  26, 122 

Course  of  study,  section  66,  division  VI, 22 

Custodian  of  funds  of,  sections  162,  168,  233  and  303,  and  rule  35, 

•  55,  56,  57,  85,  124 

Damages  to  school  property,  sections  83  and  3 14, 28,110 

Dismissal  of  teacher,  section  82, 27 

Disorderly  conduct,  disturbing  schools  by,  section  314 no 

.Doors  to  open  outwardly,  sections  41  and  112, 14,38 

Election  of  trustees,  sections  46,  48,  49,  50,-  52,  53,  54  and  56,  15,  16,  17 

Executions  against,  sections  65, 20 

Fire  escapes,  sections  112,  113  and  115, 38,39 

Fire  extinguishers,  to  provide,  sections  114, 39 

Five  trustees,  in  certain  cases  may  have,  section  53, 17 

Flags  for  school  houses,  sections  309,  310  and  311, 109,  no 

Fractional  districts,  sections  65,  159  and  164, 20,  52,  56 

Holidays,  section  79,  and  decision  No.  17, 27,  139 

Incidentals,  amount  of,  section  119  and  decision  No.  9,  .    .    . .  .  39,  134 
Incidentals,  orders  for,  to  draw  interest  in  certain  cases,  section 

163, 56 

Incorporated  City  or  Town,  but  one  district,  section  29, 10 

Indebtedness  to  be  reported  to  State  Superintendent,  section  182,     64 
Industrial  schools,  appropriation  for,  sections  227  and  233,    .    .   83,  85 


232  INDEX 


DISTRICT  SCHCK>I£~C0*/t*ttttf.  Page 

Insurance  on,  section  66,  division  IV, 22 

Libraries,  sections  190,  191,  192  and  193, 67,  68 

Manual  training  in,  sections  225  and  226, 82,  83 

Meetings,  regular  district,  sections  46,  49  and  169,    ....     15,  16,  58 
Meetings,  special  district,  section  66,  divisions  XI  and   XII,    .   22,  23 

Meetings,  of  trustees,  section  70, 24 

Mortgage,  power  to,  section  66,  division  III, 22 

Name  and  number  of,  section  64, 20 

New  districts,  appointment  of  trustees  in,  section  39 13 

New  district,  census  in,  sections  29  and  30,     .    .    .    .• 10 

New  district,  election  of  trustees,  section  56, 17 

New  districts,  not  to  have  less  than  twenty-five  children,  section 

-30, 10 

Nine  months,  school  to  be  maintained,  sections  14  and  118,      .     5,  39 

Penalty  for  destroying  school  property,  section  314 no 

Penalty  for  excluding  children,  sections  84  and  85, .      28 

Penalty  for  failure  to  comply  with  school  law,  sections  14,  22  and 

41,  and  rule  35, 5,  7,  14,  124 

Penalty  for  failure  to  maintain  school  nine  months,  sections  14 

and  118 5,  39 

Penalty  for  failure  to  report  to  County  Superintendent,  section  67,     23 

Penalty  for  misuse  of  money,  section  121, 40 

Penalty  for  not  providing  suitable  buildings,  sections  41  and  HI,  14,  38 

Plans  of  school  house,  section  23, 8 

Petition  for  district  meeting,  section  66,  division  XII 22 

Poll  tax,  sections  169  and  313, 58,  100 

President  of  Board,  section  36, 12 

Pupils,  age  of,  section  87, 29 

Pupils,  suspension  of,  section  80, 27 

Religious  services,  section  126 42 

kepairs  to  school  house,  sections  63  and  66,  division  IV,    ...    20,  22 

Residence  of  school  children,  decision  No.  12, 136 

Rules  for  the  government  of,  section  66,  division  II, 22 

School  houses,  plans  for,  section  23, 8 

School  month,  section  79, 27 

School  to  be  kept  open  nine  months,  sections  14  and  1 18,     .   .    .5,39 

School  year,  section  125  and  decision  No.  10,     41,  134 

Seal,  corporate,  section  64, 20 

Sinking  funds  for  school  debts,  section  165, 56 

Six  trustees,  may  have,  section  33,     n 

Special  or  local  laws,  how  to  be  relieved  from,  sections  122,  123 

and  124, 41 

State  school  moneys  apportioned  for  what  year,  decision  No.  3,  .    130 

Suit  by  or  against,  section  64, 20 

Sub-districts,  section  296, 105 


INDEX  233 


DISTRICT  SCROQLS-rContinued.  page. 

Suitable  school  house,  sections  41  and  in, 14,  38 

Suspension  of  pupils,  section  80 27 

Tax  for  school  purposes,  may  raise,  sections  66,  division  III,  68 

and  169 22,  24,  58 

Tax  a  separate  item  in  levy,  special,  section  170, 60 

Teacher,  dismissal  of,  section  82, 27 

Teachers'  orders  to  draw  interest  in  certain  cases,  section  163,  .  .  56 

Text-books,  may  provide,  section  68, 24 

Tuition  fees  not  allowed,  section  86 29 

Trustees,  appointment  of,  by  County  Superintendent,  sections  35 

and  39, 12,  13 

Trustees,  election  of,  sections  33,  34,  46,  48,  50,  52,  53,  54,  55,  56 

and  269 iij  15,  16,  17,  105 

Trustees,  may  have  five  in  certain  cases,  section  53, 17 

Trustees,  may  have  six  in  certain  cases,  section  33, n 

Trustees,. organization  of,  sections  36  and  57, 12,  18 

Trustees,  term  of  office  of,  section  46, 15 

Vacancy  in  trustees  of,  section  39, 13 

Vaccination,  section  62,  .  .  .  , 19 

Women,  eligible  as  Trustees,  section  46 15 

Women  may  vote  at  District  meetings,  section  48, 16 

$275  districts,  section  159, 53 

$375  districts,  section  159, 53 

DISTRICT  SCHOOL  TAX. 

Amount,  how  determined,  section  169, 58 

Amount  limited  by  notice,  section  169,  ....  -r— 58 

Annual  meeting,  may  be  ordered  at,  sections  37  and  169,  .  .    .12,  58 

Assessment  of,  sections  169  and  295, 58,  105 

Bonds,  payment  of,  section  183, 64 

Collection  of,  sections  162  and  169,  and  decisions  Nos.  13  and  14, 

55.  58,   137 

Compensation  for  assessing  and  collecting,  section  171  and  deci- 
sions Nos.  i,  4  and  14, 61,  129,  130,  137 

Condemnation  of  land,  expenses  of,  section  219, 80 

County  Collector,  not  to  be  paid  to,  section  172, 61 

Custodians  of,  who  are,  section  162  and  decision  No.  15,  .    .     55,  137 

Delinquent  taxes,  collection  of,  decision  No.  18, 139 

Executions,  to  satisfy,  section  65, 20 

Flags,  may  raise  tax  for,  section  311, no 

Levy,  separate  item  in,  section  170, 60 

Notice  of  meeting  to  order,  section  169 58 

Notice  of  tax  to  be  given  by  District  Clerk,  section  169,    ....      58 

Payment  to  District,  sections  162  and  169, 55,  58 

Poll  tax,  sections  169  and  313, 58,  no 


234  INDEX 


DISTRICT  SCHOOL  TAX— Continued.  Page. 

Special  meetings,  may  be  ordered  at,  sections  37  and  66,  division 

XI,  and  169, 12,  22,  58 

Taxable  residents,  majority  to  vote  to  condemn  land,  section 

209, 74 

Text  books  in,  section  66,  division  VI,  69  and  83, 22,  24,  28 

EXAMINATIONS. 

Agricultural  College,  scholarships  in,  sections  243  and  245  .    .   89,  90 

Average  required  in  county,  rule  3, 117 

Certificates,  County,  section  89  and  rules  2,  10,  u,  12,  13,  14,  15, 

16,  17,  18  and  19 29,  117,  118,  119,  121,  122 

Certificates  from  other  States  may  be  endorsed,  rule  8, 118 

Certificates,  State,  section  88  and  rules  2,  10,  n,  12,  21,  22,  23,  24 

and  25, 29,  117,  118,  119,  121,  122 

City  Boards,  sections  n  and  90, 5,  31 

College  diplomas  accepted,  rule  7, 118 

County  Boards,  sections  n  and  89,  and  rule  13, •    •  5,  28,  119 

Examiners,  appointment  of  City,  section  90, 31 

Examiners,  appointment  of  County,  section  89 29 

Examiners,  qualifications  of  County,  section  89, 29 

Examination  papers  to  be  preserved,  rule  31, 123 

Fees  of  County  Examiners,  section  89, 29 

Fees  for  special  examinations,  section  89, • .    .      29 

First  grade  County  Certificates,  where  valid,  rule  15, 119 

Grammar  schools,  definition  of,  rule  18, 120 

High  schools,  definition  of,  rule  18 120 

Meetings  of  County  Boards,  section  89  and  rule  13, 29,119 

Primary  schools,  definition  of,  rule  18, 120 

Record  of,  rule  6 118 

Report  of,  rule  6, 118 

Second  grade  certificates,  where  valid,  rule  16, 120 

Special  certificates,  rule  12 119 

Special  examinations,  section  89  and  rule  19, 29,  121 

State  Board  of,  sections  n  and  88, 5,  29 

State  Superintendent  a  member  of  all  Boards,  section  u,  .    .    .    .        5 

Testimonials,  candidates  to  furnish,  rule  4, 118 

Third  grade,  where  valid,  rule  17, 120 

Ungraded  schools,  definition  of,  rule  18, 120 

Writing,  to  be  in,  rule  9, 118 

GOVERNOR. 

Appoint  members  of  State  Board  of  Education,  section  i,  .    ...  3 

Appoint  State  Superintendent,  section  8, 4 

Appropriations  for  Deaf  Mute  School,  to  approve,  section  109,  .  .  37 

Appropriations  for  manual  training,  to  approve,  section  225,    .    .  82 


INDEX  235 


GOVERNOR—  Continued.  page. 

Appropriations  for  industrial  schools  by  cities  to  be  reported  to, 

section  225, 83 

Appropriations  for  industrial  schools  to  be  approved  by,  section 

225, 83 

Inspector  of  child  labor,  to  appoint,  section  240, 88 

Trustees  of  industrial  schools,  member  of,  section  230, 84 

Trustees  of  school  fund,  member  of,  section  126, 42 

GRADED  SCHOOLS. 

How  established,  sections  29  and  iio^ 10,  38 

Reports  of,  section  77, 26 

Trustees  of,  section  no, 38 

HOLIDAYS.     (See  School  Holidays.} 

INDUSTRIAL  EDUCATION. 

Boards  of  Education  to  certify  that  amount  has  been  raised,  sec- 
tion 227, 83 

Compensation  of  trustees,  section  232, 85 

Control  of  moneys,  section  228, 84 

Control  of  schools,  section  230,    . 84 

Custodian  of  funds,  section  233, 85 

Expenses,  payment  of,  section  129,  division  X, 43 

Report  to  State  Superintendent,  section  234, 86 

Report  to  State  Board  and  local  Board  of  Education,  section  230,      84 
State  appropriation  for,  sections  129,  division  X,  227  and  233,  43,  83,  85 

Subscription  by  citizens,  sections  227  and  233, 83,  85 

Supplies,  Trustees  not  to  be  interested  in  furnishing,  sections  317 

and  319, 112 

Tax  may  be  raised,  sections  229  and  233, .    .    .    .   84,  85 

Treasurer,  sections  230  and  233, 84,  85 

Trustees,  appointment  of,  sections  230  and  235,      84,  36 

Trustees,  a  body  corporate,  section  231, 85 

INSPECTOR  OF  CHILD  LABOR. 

Appointment  of,  section  240, 88 

Excuse  children  from  attending  school,  may,  sections  200  and 

237, 70,  87 

Expenses,  section  241, 89 

Fines  to  go  to  school  district,  section  242, 89 

Fire  escapes,  on  school  houses,  may  order,  section  112, 38 

Salary,  section  240 88 

INSTITUTES.     (See  Teachers'  Institutes.} 


236  INDEX 


LIBRARIES.  Page 

Amount  of  first  payment,  sections  190  and  194, 67,68 

Amount  of  subsequent  payments,  sections  190  and  194,  .  .  .  .  67,68 
Appropriations  for,  section  129,  division  VII,  190  and  194,  .  43,  67,  68 
Conditions  on  which  payments  are  made,  sections  190  and  194,  .  67,  68 
Consolidated  in  one  building  in  districts  having  more  than  one 

school  house,  section  191, 68 

Expended,  for  what  purposes,  sections  190  and  194, 67,  68 

Rules  prescribed,  sections  193  and  195, 68 

Teachers'  library,  section  194, 68 

Selection  of  books,  sections  192  and  195, 68 

MANUAL  TRAINING. 

Appropriations,  amount  of,  section  225, 82 

Appropriations,  to  be  approved  by  Governor,  section  225,  ....  82 
Appropriations,  State  Superintendent  to  draw  orders  for,  section 

225, 82 

Course  of  Study,  to  be  approved  by  State  Board  of  Education,  sec- 
tion 225, 82 

Governor  to  approve  appropriations  for,  section  225, 82 

Report  of,  to  be  made  to  State  Superintendent,  section  226,  ...  83 
State  Board  of  Education  to  approve  course  of  study  in,  section 

225,      82 

State  Superintendent  to  draw  orders  for  appropriations  for,  sec- 
tion 225, 82 

MODEL  SCHOOL. 

Object  of,  section  99, 33 

Supervision  of,  section  99, 33 

NORMAL  SCHOOL. 

Admission,  application  for,  sections  94  and  95 32 

Admission,  examination  for,  sections  96  and  97, 33 

Appropriation  for,  sections  100  and  129,  division  1 33,  43 

Certificates  to  graduates,  rule  25, 122 

Course  of  study,  section  92, 31 

Diplomas  to  graduates,  section  92 31 

Examination  of  applicants,  sections  96  and  97, 33 

Fire  escapes,  sections  112,  113  and  115, 38,  39 

Fire  extinguishers,  to  provide,  section  114, 39 

Insurance  on  buildings,  sections  93,  division  VI,  and  129,  division 

HI, 32,  43 

Model  school,  may  establish,  section  99, 33 

Objects  of,  section  91, 31 

Pledge  of  pupils,  sections  94  and  95, 31 

Principal  of,  member  of  State  Board  of  Examiners,  section  88,  .      29 


INDEX  237 


NORMAL  SCHOOL— Continued.  page. 

Pupils,  number  of,  section  94, 32 

Repairs  to  buildings,  sections  93  and  129,  division  III,    ....   32  43 

Report,  annual,  section  92, 31 

Rules  for  management  of,  section  92, 31 

Scholarship  fund,  sections  95  and  129,  division  II, 32,  43 

School  year,  section  101, 33 

State  Board  of  Education,  Trustees  members  of,  section  2,    ...        3 

Supervision  of,  sections  2  and  92,     .    . 3,  31 

Supplies,  Trustees  not  to  be  interested  in  furnishing,  sections  317 

and  319 312 

Teachers,  appointment' of,  sections  92  and  98, 31,  33 

Text-books,  etc.,  Trustees  to  provide,  section  98, 33 

Treasurer  of,  section  92, 31 

Trustees  of,  sections  2  and  92 3,  31 

Tuition  gratuitous,  section  98, 33 

Vacancies,  how  filled,  section  97, 33 

Vote,  penalty  for  accepting  money  for,  sections  316  and  318,  .    in,  112 

PUPILS. 

Ages  of,  section  87, 29 

Books,  prescribed  by  Trustees  and  County  Superintendent,  sec- 
tions 63,  66,  division  VI,  and  83, 20,22,28 

Books,  required  to  have,  section  66,  division  IX, 22 

Contagious  diseases,  prohibited  from  attending  school  if  exposed 

to,  sections  60,  61  and  62, 19 

Colored  children,  not  to  be  excluded,  section  84, 28 

Colored  children,  penalty  for  excluding,  section  85, 28 

Corporal  punishment  prohibited,  section  81  and  decision  No.  8,  .  27, 134 
Course  of  study,  prescribed  by  Trustees  and  County  Superin- 
tendent, section  66,  division  VI,  and  83,   22,28 

Damages  by,  who  liable  for,  sections  68,  83  and  314,     ...  24,  28,  no 

Damages,  collection  of,  sections  68  and  83, 24,  28 

Expulsion  of,  sections  66,  division  VII,  and  83, 22,  28 

Indigent  pupils,  to  be  supplied  with  books,  section  66,  division 

VIII 22 

Rules,  to  comply  with,  section  83, 28 

Residence  of,  decision  No.  12, 136 

Suspension,  liable  to,  sections  66,  division  VII,  80  and  83,  and 

decision  No.  6, 22,  27,  133 

Suspension  to  be  reported,  section  80, 27 

Teacher,  authority  of,  section  80, 27 

Teacher  must  submit  to,  section  83 28 

Tuition  fees,  unlawful  to  charge,  section  86, 29 

Vaccination  of,  section  62, 19 


238  INDEX 


RELIGIOUS  SERVICES.  Page. 

Section  126, •: 42 

SCHOOL  FUND. 

Apportioned  for  what  year,,  decisions  No.  3  and  10, 130,  134 

Apportionment  of  appropriation  from,  sections  13  and  28,  ....   5,  9 
Appropriations   from,   sections   23,   129,    144,   145,   146  and  225, 

8,  43,  48,  49,  82 

Appropriations  from,  paid  by  State  in  certain  cases,  sections  131 

and  144, 44,  48 

City  bonds,  may  be  invested  in,  sections  133,  134,  140  and  177, 

45,  46,  47,  63 

Compensation  of  Trustees,  section  133, 45 

Comptroller  to  draw  warrants  for  payments  from,  sections  130, 

136  and  144, 44,  46,  48 

Costs  of  foreclosure,  payment  of,  sections  129,  divisions  XI  and 

XII,  135  and  136, 44,  46 

County  bonds,  may  be  invested  in,  sections  133  and  134,    .    .    .   45,  46 
District  bonds,  may  be  invested  in,  sections  140  and  141,   ....      47 

Deaf-mute  school,  payment  of  expenses  of,  section  109, 37 

Expenses,  how  paid,  section  129, 43 

Farnum  School,  appropriation  for,  section  129,  division  IX,    .    .      43 
Foreclosure  of  mortgages,  sections  129,  divisions  XI  and  XII, 

I36and  139, 43.  46,  47 

Industrial  schools,  appropriations  for,  sections  129,  division  X, 

130,  132  and  133, 43,  83,  85 

Institutes,  payment  of  expenses,  sections   129,  division  VI,  and 

146 43,  49 

Investment  of,  sections  127,  128,  133,  134,  136,  140,  141  and  188, 

42,  45,  46,  47 

Library  appropriations,  payment  of,  sections  129,  division  VII, 

190  and  194 43,  67,  68 

Loans  to  school  districts,  sections  140  and  141, 47 

Manual  training,  appropriations  for,  section  225, 82 

Mortgage,  not  to  be  loaned  on,  sections  135  and  136, 46 

Normal  School  appropriation,  payment  of,  sections  100  and  129, 

division  I, 33,  43 

Normal  School  repairs,  payments  for,  sections  93  and  129,  divi- 
sion III, 32  43 

Payment  of  appropriation  to  counties,  sections  13,  144  and  160,  5,  48,  54 

Plans  of  school  houses,  appropriation  for,  section  23, 8 

Principal  of  fund  to  remain  intact,  section  130,  ..   f 43 

Rate  of  interest,  section  141,     47 

Real  estate  to  be  sold,  sections  137  and  138, 46,  47 

Report  concerning,  sections  133  and  142 45,  4$ 

Revenues,  sections  127,  128,  132  and  133, 42,  44,  45 


INDEX  239 


SCHOOL  ttJSD-Contimted.  page. 

Scholarships  in  Agricultural  College,  appropriation  for,  sections 

246, 91 

Scholarships,  Normal  School  appropriation,  payment  of,  sections 

95  and  129,  division  II, 32,  43 

Secretary,  section  143, 48 

State  Board  of  Education,  payment  of  expenses  of,  sections  6  and 

129,  division  IX, 4,  43 

State  bonds,  may  be  invested  in,  sections  133  and  134,  .  .  .  .  45,  46 
State  Superintendent's  expenses,  payment  of,  section  5,  division 

V,  and  129,  divisions  III  and  VIII,  5,  43 

State  Superintendent's  salary,  payment  of,  sections  8  and  129, 

division  V, ' 4,  43 

Technical  schools,  payment  of  appropriations  for,  sections  129, 

division  X,  227,  232  and  233, 43,  83,  85 

Town  or  Township  bonds,  may  be  invested  in,  sections  133  and 

134, 45,  46 

Treasurer  of,  section  133, 45 

Trustees  of,  section  126, 42 

Trustees  of,  members  of  State  Board  of  Education,  section  i,  .  .  3 
United  States  bonds,  may  be  invested  in,  sections  133  and  134,  .  45,  46 

SCHOOL  HOUSES.    (See  Buildings,  School.} 
SCHOOL  MEETINGS.     (See  District  Schools.) 

SCHOOL  TRUSTEES. 

Affidavit  required  to  bills,  section  73, 25 

Ages  of  school  children,  section  87, 29 

Appeal  from  decision  of  State  Superintendent,  section  16 6 

Appeal  from  decision  of  County  Superintendent,  section  42,  ...      14 

Appointment  of,  sections  35,  39  and  56, 12, 13,  17 

Appropriations,  for  what  year  made,  decisions  3  and  10,     .    .    130,  134 

Appropriations,  penalty  for  exceeding,  section  316, in 

Appropriations  to  be  withheld  in  certain  cases,  sections  14,  22 

and  41, 5,  7,  14 

Ballot,  to  be  elected  by,  section  50, 16 

Bills,  to  be  passed  in  open  session,  section  71, 24 

Bills,  to  be  itemized,  section  72, 25 

Bills,  affidavit  to  be  made  to  all,  section  73, 25 

Bonds,  authority  to  issue,  section  174  and  decision  No.  n,   .    .  61,  134 

Bonds,  cancellation  of,  section  185, 66 

Bonds,  custodians  of  school  funds  to  give,  section  165, 56 

Bonds,  proceeds  of  sale  of,  to  be  deposited  with  township  collec- 
tor, section  1 66  and  rule  35, 124 

Bonds,  renewal  of,  section  184, 65 

Books,  power  to  provide,  section  66,  division  VIII,  .......      22 


240  INDEX 


SCHOOL  TRUSTEES— Continued.  Page. 

Books,  to  prescribe,  sections  66,  division  VI,  and  83, 22,  28 

Borrow  money,  may,  sections  66,  division  III,  120  and  169,  .  22,  40,  58 

Bribery,  penalty  for,  sections  315  and  318, 111,112 

Buildings,  section  66,  divisions  III  and  IV, 22 

Census  report  to  County  Superintendent,  section  59, 18 

Census,  to  keep  copy  of,  section  59, 18 

Census,  to  take,  section  59, 18 

Children,  school  residence  of,  decision  No.  12, 136 

Colored  children,  penalty  for  voting  to  exclude,  sections  84  and 

85, 28 

Compensation  for  taking  census,  section  59, 18 

Condemn  land,  appeal  to  court,  sections  213  and  217,  .....  76,  79 
Condemn  land,  commissioners  to,  sections  211  and  214,  ...  74,  77 
Condemn  land  for  school-house,  may,  sections  209  and  214,  .  .  74,  77 

Condemn  land,  make  surveys  to,  section  2 10, 74 

Condemn  land,  payment  for,  sections  212  and  215,     ......   76,  79 

Condemnation  of  land,  expenses  of,  section  219, 80 

Consolidated  districts,  sections  31,  32,  33,  34,  35,  36,  37,  38,  295^ 

296  and  297, n,  12,  13,  105 

Contagious  diseases,  may  prohibit  persons  exposed  to,  from  at- 
tending, sections  60,  61  and  62, 19 

Contracts  to  be  passed  upon  in  open  session,  section  71,     ....      24 

Contract  with  teacher,  sections  79  and  82,  and  rule  i, 27,  117 

Corporate  name,  section  64, 20 

Course  of  study,  may  prescribe,  section  66,  division  VI,  and  83,  22,  28 
Damages  to  buildings,  to  determine  amount  of,  section  83,  ...  28 

Dismissal  of  teacher,  section  82,  .    .   .• 27 

District  Clerk,  appointed  by  County  Superintendent,  sections  40 

and  57, 13,  18 

District  Clerk,  authorized  to  take  affidavit,  section  73, 25 

District  Clerk,  election  of,  sections  36  and  37,  and  decision  No. 

19, *. 12,  18,  140 

District  Clerk  may  purchase  supplies,  section  72,  . 24 

Election  of  Trustees,  time  of,  sections  33,  34,  46,  54  and  55,  n,  15,  17 

Election  of  Trustees  to  be  by  ballot,  section  50, 16 

Election  of  Trustees  to  fill  vacancies,  section  52, 16 

Election  of  Trustees  in  new  Districts,  section  56, 17 

Election  of  Trustees,  penalty  for  failure  to  post  notices  of,  section 

47,   •   • l6 

Election  of  Trustees,  when  held,  sections  46,  48  and  49,  ...  15,  16 
Election  of  Trustees,  who  qualified  to  vote  at,  sections  46  and  48, 

15,  16 

Eligible,  who  are,  section  46 15 

Erect  school  houses,  sections  66,  division  III,  and  169,  ....  22,  55 
Execution  against,  section  65, 20 


INDEX  241 


SCHOOL  TRUSTEES—  Continued.  Page. 

Expel  pupils,  sections  66,  division  VII,  and  80, 22,     27 

Financial  accounts  kept  by  District  Clerk,  section  58, 18 

Financial  reports,  section  58, 18 

Fire  escapes,  to  provide,  sections  112,  113,  115  and  117,  ....   38,  39 

Fire  extinguishers,  to  provide,  section  114, 39 

Five  Trustees,  may  have,  sections  53  and  54 17 

t  Flags  for  school  houses,  may  provide,  sections  309,  310  and  311, 

109,  no 

Graded  schools,  may  establish,  section  no, 38 

Holidays,  section  79  and  decision  No.  17, 27,  139 

Incidentals,  amount  allowed  for,  section  119  and  decision  No.  9, 

39,  134 

Incidentals,  orders  for,  to  draw  interest  in  certain  cases,  section 

163, 56 

Incompatible  offices,  decision  No.  16, 125 

Industrial  schools,  to  certify  that  money  has  been  raised,  sections 

227  and  233, 83,  85 

Industrial  schools,  report  to  State  Superintendent,  section  234,  .  86 
Institutes,  teachers  entitled  to  salary  while  attending,  rule  41,  .  125 

Insure  school  buildings,  section  66,  division  IV, 22 

Itemized  bills  required,  section  73, 25 

Janitors,  etc.,  power  to  employ,  section  66,  division  1 21 

Legal  voters,  sections  46  and  48, 15,  16 

Libraries,  to  make  rules  for,  sections  191  and  193, 68 

Manual  training,  appropriation  for,  section  225, 82 

Manual  training,  approval  of  course  of  study  in,  section  225,  .  .  82 

Manual  training,  report  of,  'section  226,  . 83 

Meetings,  District,  to  call  special,  section  66,  divisions  XI  and 

XII, 22,  23 

Meetings  of  Trustees,  special,  section  70  and  decision  No.  5,  .  24,  133 
Meetings  of  Trustees,  regular,  sections  57  and  70,  and  decision 

No.  5 18,  24,  133 

Meetings  of  Township  Boards  of,  sections  51  and  75, 16,25 

Minutes  of  District  meetings,  section  58, 18 

Minutes  of  Trustee  meetings,  section  58, 18 

Mortgage  school  property,  section  66,  division  III, 22 

New  Districts,  Trustees  of,  sections  35,  39  and  56,  ....  12,  13,  17 
Notices  for  District  meetings,  sections  46  and  66,  divisions  XI  and 

XII,  and  169,  .  . 15,  22,  23,  58 

Orders  for  school  money,  sections  58,  162  and  163,  ....  18,  55,  56 

Orders,  interest  on,  section  163, 56 

Penalty  for  excluding  children  from  school,  section  85, 28 

Penalty  for  exceeding  appropriations,  section  316,    .......    in 

Penalty  for  failure  to  comply  with  school  law,  sections  14,  22,  41, 

74andii8  and  rule  35, 5,7,  14,25,39,  124 

15 


242  INDEX. 


SCHOOIv  TRUSTEES- Continued.  Page. 

Penalty  for  failure  to  report,  section  67, 23 

Penalty  for  misuse  of  money,  section  121, 40 

Personal  property,  may  purchase,  hold  and  convey,  sections  64 

and  66,  division  V, 20,  22 

Petition  for  school  meetings,  section  66,  division  XII, 23 

Plans  for  school  houses,  section  23, 8 

Powers  of,  section  66, 21 

President  of,  section  36, 12 

Property,  sections  38,  64,  66,  division  V,  and  169,  .  .  .  .  13,  20,  22,  58 

Pupils,  age  of,  section  87, 29 

Pupils,  may  expel  or  suspend,  section  66,  division  VII, 22 

Pupils,  may  provide  text-books  for,  section  66,  division  VIII,  .  .  22 

Pupils  must  have  books,  section  66,  division  IX, 22 

Pupils,  school  residence  of,  decision  No.  12, 136 

Pupils,  suspension  of  to  be  reported,  section  80, 27 

Qualifications  of,  section  46, 15 

Real  property,  may  purchase,  hold  and  convey,  sections  64  and 

66,  division  V, 20,  22 

Register,  require  teacher  to  keep,  sections  66,  division  X,  and  76, 

22,  26 

Religious  services,  section  126, 42 

Rent  school-houses,  section  66,  division  IV, . .  .  22 

Repair  school-houses,  sections  63  and  66,  division  IV, 20,  22 

Report,  annual,  sections  45,  66,  division  XIII,  and  67,  ....  15,  23 

Report  to  District,  section  58, 18 

Rules  for  school,  to  prescribe,  section  66,  division  II, 22 

Rules  of  State  Board  of  Education,  to  enforce,  section  66,  division 

VI 22 

Salaries  of  teachers,  &c.,  to  fix.  section  66,  division  I, 21 

School- houses,  building,  repairing  and  renting,  section  66,  divi- 
sions III  and  IV, 22 

School-houses,  plans  for,  section  23, 8 

School-house,  use  of  for  other  purposes,  section  66,  division  XII,    23 

School  residence  of  children,  decision  No.  12, 136 

School  year,  section  125  and  decision  No.  10, 41,  134 

Seal,  corporate,  section  64, 20 

Sinking  funds  for  schools,  section  166, 56 

Six  Trustees,  section  33, n 

Special  laws,  may  be  relieved  from,  sections  122,  123  and  124,  .    .      41 
Suitable  school-house,  penalty  for  failure  to  provide,  section  41,  .      14 

Suit  by  or  against,  section  64, 20 

Supplies,  not  to  be  interested  in  furnishing,  sections  317  and  319,  .  112 

Supplies,  to  provide,  sections  63,  66  and  72, 20,  24,  25 

Suspend  pupils,  may,  sections  66,  division  VII,  and  80,  and  deci- 
sion No.  6, 22,  27,  133 

Suspended  pupils,  teacher  to  report,  section  80, 27 


INDEX.  243 


SCHOOL  TRUSTEES  -Continued.  Page. 

Taxes,  sections  66,  division  XI,  147,  161,  162,  164,  169  and  186, 

and  decisions  3  13  and  14,  ...  22,  49,  52,  55,  56,  58,  66,  136,  137 
Teachers,  &c.,  to  employ,  sections  66,  division  I,  and  79,  and 

rule  i 21,  27,  117 

Teachers,  dismissal  of,  section  82, 27 

Teachers'  orders  to  draw  interest  in  certain  cases,  section  163,  .  .  56 

Teachers  to  keep  register,  section  66,  division  X, 22 

Technical  schools,  to  certify  that  money  has  been  raised,  sections 

227  and  233, 83,  85 

Technical  schools,  to  report  to  State  Superintendent,  section  234,  86 

Term  of  office,  sections  33,  34,  54  and  56, n,  17 

Text-books,  may  prescribe,  sections  66,  division  VI,  and  83,  .  22,  28 
Text-books,  may  provide,  sections  66,  division  VIII,  and  68,  .  22,  24 

Text-books,  pupils  must  have,  section  66,  division  IX, 22 

Township  Boards  of,  sections  51  and  75, 16,  25 

Tuition  fees  not  allowed,  section  86, 29 

Vacancy,  how  filled,  sections  39  and  52, 13,  16 

Vaccination  of  school  children,  section  62, 19 

Vote,  penalty  for  accepting  money  for,  sections  316  and  318,  .  in,  112 

Women  eligible  as  Trustees,  section  46, 15 

Women  have  the  right  to  vote  for,  section  48, 16 

SECRETARY  OF  STATE. 

Secretary  of  Trustees  of  School  Fund,  section  143 48 

Trustees  of  School  Fund,  member  of,  section  126, 42 

SECTARIAN  SCHOOLS. 

Money  not  to  be  appropriated  for,  section  158, 53 

SPECIAL  CHARTERS. 

Boards  of  Education,  election  of  in  towns  and  boroughs,  section 

289, 103 

Boards  of  Education,  members  of  in  towns  and  boroughs,  section 

290, 103 

Boards  of  Education,  vacancy,  how  filled  in  towns  and  boroughs, 

section  291, 103 

Consolidated  districts,  property  of,  sections  294,  295  and  296,  104,  105 
Consolidated  districts,  election  of  Trustees  in,  section  297,  .  .  .  105 
Custodian  of  school  moneys  in  towns  and  boroughs,  section  292,  104 
Custodian  of  school  moneys  in  districts  having  special  charters, 

section  303,   .   .       107 

District  Clerk,  duties  of  in  districts  having  special  charters,  sec- 
tion 302, 107. 

Election  of  Boards  of  Education  in  towns  and  boroughs,  section 
289,     103 


244  INDEX. 


SPECIAL  CHARTERS— Continued.  page. 

Election  of  Trustees  in  consolidated  districts,  section  297,    .    .    .  105 

Incorporation  of  boroughs,  towns  and  townships,  section  287,  .  103 
Members  of  Boards  of  Education  in  towns  and  boroughs,  section 

290, 103 

Members  of  Boards  of  Trustees  in  consolidated  districts,  section 

296, 105 

Officers  in  towns  and  boroughs,  section  288, 103 

School  moneys,  custodian  of  in  towns  and  boroughs,  section  292,  104 
School  moneys,  custodian  of  in  districts  having  special  charters, 

section  305, 107 

School  tax,  in  towns  and  boroughs,  section  293, 104 

School  houses,  Township  Committee  to  build  in  certain  cases, 

section  299 106 

Special  election  in  towns  and  boroughs,  section  287, 103 

Township  Committee  to  build  school-houses  in  certain  cases,  sec- 
section  299, 106 

Treasurer  in  towns  and  boroughs,  section  292, 104 

Treasurer  in  districts  having  special  charters,  section  303,     ...  107 

Trustees  in  consolidated  districts,  election  of,  section  297,     ...  105 

Trusteees  in  consolidated  districts,  number  of,  section  296,   ...  105 
Trustees  in  districts  having  special  charters,  election  of,  section 

304, •  - •    •  Ic8 

Trustees,  in  districts  having  special  charters,  number  of,  section 

306, 109 

Trustees  in  districts  having  special  charters,  term  of  office,  sec- 
tion 305, 108 

Trustees  in  districts  having  special  charters  to  take  oath  of  office, 

section  307, 106 

Vacancy  in  Board  of  Education  in  towns  and  boroughs,  how 

filled,  section  291, 103 

STATE  ASSOCIATION  OF  SCHOOL  SUPERINTENDENTS. 

Meetings  of,  section  43, 14 

President  of,  section  n, 5 

STATE  BOARD  OF  EDUCATION. 

Amendments  to  school  law,  to  recommend,  section  5,  division  II,  4 

Appeals,  to  decide,  sections  5,  division  VI,  and  16, 4,  6 

Appoint  County  Superintendents,  sections  5,  division  III,  and  24,  4,  8 

Apportion  reserve  fund,  section  158, 53 

Bribery,  penalty  for,  sections  315  and  318, 111,112 

By-Laws,  may  make,  section  5 ,  division  I,  . 4 

Compensation  of,  section  6, .    .  4 

Consolidate  Districts,  may,  section  31, n 

County  Superintendent's  expenses,  to  approve,  section  26,  ...  9 


INDEX.  245 


STATE  BOARD  OF  EDUCATION—  Continued.  Page. 
County  Superintendents,  to  appoint,  section  5,  division  IV,  and 

24, .  4,  8 

Deaf-mutes,  trustees  of,  school  for,  section  5,  division  III,     ...  3 

Duties  of,  sections  2,  3  and  5, 3,4 

Examinations,  to  make  rules  for,  sections  88  and  89, 29 

Expenses  of,  sections  6  and  129,  division  IV, 4,  43 

Expenses  of  County  Superintendents,  to  approve,  section  26,  ..  9 
Expenses  of  State  Superintendent,  to  approve,  section  5,  division 

V, 4 

Institutes,  to  make  rules  for,  section  5,  division  IV, 4 

Instructions  of,  State  Superintendent  to  carry  out,  section  10,    •  5 

Laws,  recommended  to  the  legislature,  section  5,  division  II,  ..  3 

Manual  training,  to  approve  course  of  study  in,  section  225,    .    .  82 

Members  of,  section  i, 3 

Normal  School  buildings,  insure,  section  93, 32 

Normal  School  buildings,  repairs  to,  section  93, 32 

Normal  School,  trustees  of,  section  2, 3 

Penalty  for  failure  to  comply  with  school  laws,  section  22,    ...  7 

Powers  and  duties  of,  sections  2,  3  and  5, 3,  4 

Quorum  of,  section  4, 4 

Report,  annual,  section  7 4 

Report  of  State  Superintendent  to,  section  20, 7 

Reserve  Fund,  to  apportion,  section  158, 53 

Revocation  of  certificate  to  be  reported  to,  rule  5, 118 

Rules,  may  make,  sections  5,  division  I,  10  and  29, 4,  5,  10 

Secretary  of.  section  n, 5 

.    Sectarian  Schools,  section  158, 53 

State  Association  of  School  Superintendents,  appoint  meetings 

of,  section  43, 14 

State  Superintendent,  report  of,  section  20, 7 

State  Superintendent,  to  approve  expenses  of,  section  5,  division 

V, 4 

State  Superintendent,  to  decide  appeals  from  decision  of,  section 

5,  division  VI 4 

Technical  schools,  appoint  Trustees  of,  section  230, 84 

Term  of  office  of  members  of,  section  i 3 

Trustees  of  Deaf-Mute  School,  section  3, 3 

Trustees  of  Normal  School,  section  2, 3 

Vote,  penalty  for  accepting  money  for,  sections  316  and  318,    in,  112 

• 

STATE  SCHOOL  TAX. 

Abstract  of  tax  to  be  given  to  Assessors  and  County  Collectors, 

section  148, 49 

Accounts,  how  kept,  section  162, 55 

Amount,  how  determined,  section  147, 49 


246  INDEX. 


STATE  SCHOOL  t&3i— Continued.  Page. 

Apportioned  for  what  year,  decisions  Nos.  3  and  r6,    ....    130,  134 

Apportionment  for  collection,  section  148, 49 

Apportionment  of  reserve  fund,  section  158, 53 

Apportionment  of  tax  by  Assessors,  section  148, 49 

Apportionment  by  County  Superintendents,  sections  159  and  168, 

53,  57 

Appropriations  .to  be  withheld  in  certain  cases,  sections  14,  22 

and  41, 5,  7,  14 

Assessment  of,  sections  147,  148,  149,  150  and  151,  .  .  .  .  49,  50,  51 
Balances  may  be  used  for  repairs  in  certain  cases,  section  168,  .  .  57 

Balances,  re-apportionment  of,  section  168, 57 

Balance  paid  to  successor  by  Collector,  sections  162,  168  and  171, 

and  decisions  Nos.  i,  4  and  14, 55,  129,  130,  137 

Borrow  money  to  pay,  freeholders  may  in  certain  cases,  section 

155, 52 

Collection  of,  sections  147,  152,  153  and  157,    ......  49,  51,  52, .61 

Compensation  of  Township  Collectors,  sections  153  and  162,  and 

decision  No.  4 '.    .   .    .  51,  55,  130 

Custodians  of  school  moneys,  section  162  and  decision  No.  15, 

55,  137 

Fractional  Districts,  apportionment  to,  section  159, 53 

Fractional  Districts,  custodians  in,  section  168      57 

Fourth  class  counties,  payment  by,  section  157, 52 

Incidentals,  amount  allowed  for,  section  119,  and  decision  No.  9, 

39,  134 

Orders  for,  section  162, 55 

Payment  to  State  Treasurer,  sections  154,  156  and  157,    .    .    .    .   51,  52 

Payment  to  Counties,  sections  158  and  1 60, 53.54 

Payment  to  Districts,  section  161, 54 

Payment  to  Townships,  section  161, 54 

Penalty  for  failure  to  comply  with  school  law,  sections  14,  22,  41 

and  118, ; 5,  7,  14,  39 

Penalty  for  misuse  of  school  money,  section  121, 40 

Report  of  Collectors,  section  162, 55 

Reserve  fund,  section  158, 53 

Sectarian  schools,  not  to  be  used  for,  section  158 53 

Third  class  counties,  payment  by,  section  157, 52 

Township  tax  authorized,  section  147, 49 

Withheld  in  certain  cases,  section  41, 14 

$275  Districts,  sectic>n  159, 53 

$375  Districts,  section  159, 53 

STATE  SUPERINTENDENT. 

Agricultural  College,  examinations  for,  sections  243  and  245,  .  89,  90 
Appeals  from  decisions  of,  sections  5,  division  VI,  and  16,  ...  4.,  6 
Appeals  to,  sections  16,  29  and  42, 6,  10,  14 


INDEX.  247 


STATE  SUPERINTENDENT—  Continued  page. 

Appointment  of,  section  8, 4 

Apportion  State  appropriation,  section  13, 5 

Apportionment,  statement  to  be  given  to  certain  persons,  section 

13, 5 

Appropriations  to  be  withheld  in  certain  cases,  sections  14  and 

22, 5,  7 

Arbor  day,  to  issue  circulars  respecting,  section  196,    ......      69 

Blanks,  &c.,  to  prepare  and  furnish,  sections  15,  59  and  179,  6,  18,  63 

Books,  &c.,  to  collect,  section  17, 6 

Bribery,  penalty  for,  sections  315  and  318, in,  U2 

Boundaries  of  districts,  may  change  in  certain  cases,  section  29,  10 
Boundaries  of  districts,  to  approve  changes  in,  section  30  and  rule 

37. 10,  124 

Certificates,  County  Superintendents  to  transit  list  of,  rule  6,  .  .  118 
Certificates,  to  suspend  or  revoke,  section  22  and  rule  5,  ...  7,  118 

Circulars  of  information,  to  issue,  section  12, 5 

County  Superintendents,  to  draw  orders  for  expenses  of,  section 

26, 9 

County  Superintendents,  to  fill  vacancy  in  office  of,  rule  44,  .  .  125 

Decide  disputes,  section  16, 6 

Decisions  by, 129 

Decisions,  to  keep  copies  of.  section  18, 6 

Deliver  property  to  successor,  section  21, 7 

District  Clerk,  to  approve  removal  of,  section  40, 13 

Districts,  approve  changes  in,  section  30  and  rule  37,  ....  10,  125 

Districts  may  make  changes  in,  section  29 10 

District  reports,  prescribe  forms  for,  sections  15  and  66,  division 

XIII, 6,  23 

Examiners,  member  of  Boards  of,  sections  n  and  88, 5,  29 

Examinations,  to  prepare  questions  for,  rule  19, 121 

Expenses,  sections  5,  division  V,  and  129,  divisions  III  and 

VIII, 4,43 

Institute,  expenses  of,  section  146,  .- 49 

Instructions  of  State  Board,  to  carry  out,  .section  10, 5 

Manual  training,  to  draw  orders  for  appropriations  for,  section  225,  82 

Office,  location  of,  section  9, 5 

Orders  for  County  Superintendent's  expenses,  to  draw,  section 

26, 9 

Orders  for  library  payments,  to  draw,  sections  190  and  194,  .  .  67,  68 

Orders  for  school  tax,  to  draw,  sections  158  and  160, 53,  54 

Orders  for  State  appropriation,  to  draw,  section  13, 5 

Penalty  for  failure  to  report,  may  remit,  section  67,  23 

Penalty  for  misuse  of  school  money,  may  remit,  section  121,  .  .  40 

Plans  for  school  houses,  to  prepare,  section  23, 8 

Plans  of  school  houses,  to  preserve,  section  17, 6 


248  INDEX. 


STATE  SUPERINTENDENT- Continued.  Page> 

Removal  of  District  Clerk,  to  approve,  section  40, 13 

Report,  annual,  section  20  and  rule  7, 7,  118 

Reports  of  City  and  County  Superintendents,  to  prescribe  form 

for,  section  44, j^ 

Reports,  &c.,  to  preserve,  section  18,      6 

Revocation  of  certificates,  section  22  and  rule  5, 7,  n8 

Rules  of  State  Board,  to  enforce,  section  10, 5 

Salary,  sections  8  and  129.  Division  V, 4,  43 

School  laws,  to  have  printed,  section  15, 6 

Seal  of  office,  section  19, 7 

Secretary  of  State  Board  of  Education,  section  u, 5 

State  Association  of  School  Superintendents,  meetings  of,   sec- 
tion 43, I4 

State  Association  of  School  Superintendents,  President  of,  sec- 
tion n, 5 

State  Board  of  Education,  to  enforce  rules  of,  section  10 5 

State  Board  of  Education,  Secretary  of,  section  n, 5 

State  Board  of  Education,  to  report  to,  section  20,     ......        7 

Supervision  of  schools,  section  n, 5 

Supplies,  not  to  be  interested  in  furnishing,  sections  317  and  319,   112 

Term  of  office,  section  8, 4 

Withhold  salary  from  certain  persons,   sections  14  and  22  and 

rule  40, 5,  7,  125 

Withhold  school  money  from  districts,  section  14, 5 

Withhold  school  money  from  school  officers  and  teachers,  sec- 
tions 14  and  22, 5,  7 

SURPLUS  REVENUE. 

Interest  to  be  appropriated  to  schools,  sections  159  and  189,  .  .  53,  67 
Penalty  for  misuse  of,  section  121 40 

TAXES.    (See  Assessors,  District  School  Tax,  State  School  Tax.    Also, 
Township  Tax.) 

TEACHERS. 

Appeal  to  County  Superintendent  in  case  of  dismissal,  section  82,  27 
Appeal  to  County  Superintendent  in  case  of  pupil  suspended, 

section  80, 27 

Certificate  to  be  exhibited  to  Cqunty  Superintendent,  rule  i,  .    .    117 

Certificate  from  other  States  may  be  endorsed,  rule  8, 118 

Certificate,  to  hold,  section  78  and  rules  i  and  2, 27,  117 

Certificate,  revocation  of,  sections  22  and  88  and  rule  5,  .  .  7,  29,  118 
Certificate  that  child  has  attended  school,  to  give,  section  237,  .  87 
Contagious  diseases,  prohibited  from  attending  school  if  exposed 

to,  sections  60,  61  and  62, 19 


INDEX.  249 


TEACHERS— Continued.  page. 

Contract  with  Trustees,  sections  79  and  82,  rule  i  and  decision 

No.  17, 27,  117,  139 

Corporal  punishment  prohibited,  section  81  and  decision  No.  8, 

27,  134 

Dismissal  of,  section  82, 27 

Employment  of,  section  66,  division  I, 21 

Examinations,  city,  sections  n  and  90, 5,  31 

Examinations,  county,  sections  n  and  89  and  rules  3,  4,  6,  7,  8, 

9,  10,  ii  and  12, 5,  29,  117,  118,  119 

Examinations,  State,  sections  n  and  88  and  rules  3,  4,  6,  7,  8,  9, 

ii,  12,  21,  22,  23  and  24, 5,  29,  117,  118,  119,  121,  122 

Graded  schools,  report  of,  section  77, 26 

Holidays,  section  79  and  decision  No.  17, 27,  139 

Institutes,  allowed  salary  while  attending,  rule  41,  .  ..•*..  125 

Institutes,  must  attend,  rule  41, 125 

Orders  for  salary  to  draw  interest  in  certain  cases,  section  163,  .  56 
Penalty  for  failure  to  comply  with  school  law,  sections  14  and  22,  .  5,7 

Penalty  for  failure  to  keep  Register,  section  77, 26 

Penalty  for  failure  to  report,  section  77, 26 

Provisional  certificate,  rule  2, 117 

Pupils,  authority  over,  section  80, 27 

Pupils  to  submit  to,  section  83, 28 

Register,  to  exhibit  to  District  Clerk,  section  76 26 

Register,  to  keep,  sections  66,  divisions  X,  and  76, 22,  26 

Religious  services,  section  126, 42 

Report,  penalty  for  failure  to,  section  78 27 

Report  suspensions  to  Trustees,  section  80, 27 

Reports  to  County  Superintendent  and  District  Clerk,  section  77,  26 

Revocation  of  certificate,  section  22  and  rule  5,  . 7,118 

Rules  for  the  government  of,  section  66,  division  II, 22 

Salary  to  be  withheld  in  certain  cases,  sections  14  and  22,  ...  5,  7 
Salary  to  draw  interest  in  certain  cases,  orders  for,  section  163  .  56 

School  month,  section  79, 27 

Supplies,  not  to  be  interested  in  furnishing,  sections  317  and  319,  112 
Suspend  pupils,  may,  section  80  and  decision  No.  6,  ....  27,  133 
Temporary  certificates,  rule  2 117 

TEACHERS'  INSTITUTES. 

Appropriations  for,  sections  129,  division  VI,  and  146,    .    .    .    .   43,  49 

Expenses  of,  to  be  reported  by  State  Superintendent,  section  149,  49 

Organization  of,  rule  36, 124 

Rules  for,  section  5,  division  V, 4 

Teachers  must  attend,  rule  41, 125 

Union  Institutes,  section  146, 49 


250  INDEX. 


TECHNICAL  SCHOOLS.     (See  Industrial  Education.)  Page. 

TOWNSHIPS.     (See  Special  Charters. ) 

TOWNSHIP  BOARDS  OF  TRUSTEES. 

Meetings  of,  sections  51  and  75.  and  rule  33, 16,  25,  124 

Members  of,  section  75, 25 

TOWNSHIP  COLLECTOR. 

Accounts,  how  kept,  section  162, 55 

Balance  paid  to  successor,  section  162, 55 

Balances  paid  to  County  Collector,  section  168,  57 

Bonds  of,  liable  for  school  money,  section  167, 57 

Compensation  of,  sections  153,  162  and  171,  and  decisions  Nos.  i, 

4  and  13, 51,  55,  61,  129,  130,  137 

Custodian  of  school  moneys,  sections  162,  166,  167,  168,  233  and 

303,  rule  35,  and  decision  No.  15,  .  .  55,  56,  57,  85,  107,  124,  137 

Delinquent  taxes,  decision  No.  18, 139 

District  tax,  collection  of,  sections  169,  183  and  184,  ...  58,  64,  65 
District  tax,  Districts  entitled  to  exact  amount  of,  decision  No. 

13, •  •  T37 

District  tax  not  to  be  paid  to  County  Collector,  section  172,  .  .  61 
District  tax  to  satisfy  an  execution,  to  be  collected  and  paid  over 

to  the  officer  serving  the  process,  section  65, 20 

Fees,  sections  162  and  171,  and  decisions  Nos.  i,  4  and  13,  .  .  . 

55,  61,  129,  130,  137 

Fourth  class  counties,  payment  of  State  school  tax  by,  section 

157, 52 

Interest  on  orders,  section  163, 56 

Orders  drawn  in  favor  of,  sections  28  and  161, 9>  54 

Orders  drawn  on,  sections  58,  162  and  169,  and  rule  35,  .  18,  55,  58,  124 

Orders  to  draw  interest  in  certain  cases,  section  163, 56 

Poll  taxes,  sections  169  and  313 58,  no 

Report  amount  of  township  tax  to  County  Superintendent,  rule 

34, 124 

Report  to  certain  persons,  sections  45  and  162, 15,  55 

School  tax  to  be  separate  item  in  bills,  section  170, 60 

School  tax,  payment  to,  section  161, 54 

Sinking  funds  for  schools,  section  165, 56 

State  appropriation,  abstract  of,  to  be  given  to,  section  28,    ...        9 

State  appropriation,  payment  of,  section  28, 9 

State  school  tax,  collection  of,  sections  147,  152,  153  and  157,  .  49,  50,  51 
Third  class  counties,  payment  of  State  school  tax  by,  section  157,  52 
Township  school  tax,  collection  of,  section  147, 49 


INDEX.  251 


TOWNSHIP  TAX.  Page. 

Amounts  to  be  raised,  sections  147  and  161, 49,54 

Apportionment  of,  section  159  and  rule  34, 53,  124 

Custodian  of,  section  162  and  decision  15, 55,  137 

Penalty  for  misuse  of,  section  121, ' 40 

Poll  tax,  sections  169  and  313, - 58,  no 

Report  amount  of,  collector  to,  rule  34,      124 

School  tax  to  be  separate  item  in  levy,  section  170, 60 

Tax  for  building  school  houses  in  certain  cases,  section  301,  .    .    106 
Technical  schools,  section  227 83 

TREASURER,  STATE. 

Agricultural  College,  appropriations  to,  section  246, 91 

Appropriations  from  School  Fund  to  pay,  sections  93,  130  and 

144, '• 32,  44,  48 

Bonds,  school,  may  invest  in,  sections  178  and  188,   .   .    .    .   .    .  63,  67 

Investment  of  School  Fund,  sections  127,  133,  140,  141,  177  and 

188, 42,  45,  47,  63,  67 

Library  appropriations,  to  pay,  sections  190  and  194, 67,  68 

Manual  Training,  appropriations  for,  section  225, 82 

Normal  School,  repairs  to,  section  93, 32 

Report  of,  section  142, 48 

Riparian  moneys,  to  invest,  section  128, 42 

State  school  tax,  payment  of,  sections  158  and  160, 53,  54 

Technical  schools,  payments  to,  sections  227  and  233,  ....     83,  85 
Treasurer  of  School  Fund,  section  133, 45 

TRUSTEES,  DISTRICT.     (See  School  Trustees.} 

TRUSTEES  OF  SCHOOL  FUND. 

Apportionment  of  State  appropriation,  section  13, 5 

Appropriations,  sections  129,  144,  145  and  146, 43,  48,  49 

City  bonds,  may  invest  in,  sections  133,  134, 140  and  177,  .  45,  46,  47,  63 

Compensation  of,  section  133, 45 

County  bonds,  may  invest  in,  sections  133  and  134,  .   .    .   .    .    .   45,  46 

District  school  bonds,  may  purchase,  sections  140  and  141,    ...      47 

Foreclosure  of  mortgages,  sections  129,  135  and  136, 43,  46 

Interest,  section  141 * 47 

Investment  of  fund,  sections  127,  128,  132,  133,  134,  136,  140,  141, 

142  and  188, 

42,  44,  45,  46,  47,  48,  67 

Members  of,  section  126,      42 

Mortgage,  not  to  loan  on,  sections  135  and  136, 46 

Real  estate,  to  sell,  sections  137  and  138, 46,  47 

Report,  sections  133  and  142, 45,  48 

Secretary  of,  section  143, 48 


252  INDEX. 


TRUSTEES  OF  SCHOOL  FUND— Continued.  page. 

State  Board  of  Education,  members  of,  section  i,      3 

Township  bonds,  may  purchase,  sections  133  and  134,     ....   45,  46 

Treasurer  of,  section  133, 45 

United  States  bonds,  may  purchase,  sections  133  and  134,  ...   45,  46 


INDEX.  253 


BLANKS   AND   FORMS. 

FORMS  FOR  CITY  SUPERINTENDENTS.  Page. 

Ages  of  children  enrolled,  Form  No.  2b, 167 

Ages  of  children  in  the  census,  Form  No.  20,  .    . 168 

Annual  report,  Form  No.  16 170 

Bond  for  school-house  loan,  Form  No.  70, 171 

Condition  of  school -houses,  report  of,  Form  No.  n, 168 

Condition  of  schools,  report  of,  Form  No.  14,     .   . 168 

Evening  schools,  report  of,  Form  No.  150, 169 

Financial  report,  Form  No.  15, 169 

FORMS  FOR  COUNTY  SUPERINTENDENTS. 

Ages  of  children,  Form  No.  2C, 147 

Annual  report,  Form  No.  17, 150 

Appointment  of  District  Clerk,  Form  No.  82, 161 

Appointment  of  Trustees  for  a  new  District,  Form  No.  83,    ...  161 

Appointment  to  fill  vacancy  in  Board  of  Trustees,  Form  No.  81,  .  160 
Apportionment  of  balances,  notice  to  Township  Collector,  Form 

No.  93, 165 

Apportionment  of  balances,  notice  to  District  Clerk,  Form  No.  94,  166 

Apportionment  of  school  moneys,  report  of,  Form  No.  170,  .    .   .  151 

Certificate  in  cases  of  appeal,  Form  No.  95, 166 

Certificates,  directions  given  to  candidates  for,  Form  No.  18,   .    .  203 

Certificate,  teachers',  first  grade,  Form  No.  20, 152 

Certificate,  teachers',  second  grade,  Form  No.  21,     .......  153 

Certificate,  teachers',  third  grade,  Norm  No.  22, 154 

Certificate,  teachers',  notice  revoking,  Form  No.  91, 164 

Certificates,  record  of,  Form  No.  23, 155 

Certificates,  report  of,  Form  No.  24 156 

Condemning  a  school-house,  form  for,  Form  No.  96, 166 

Condition  of  school-houses,  report  of,  Form  No.  10, 148 

Condition  of  schools,  report  of,  Form  No.  13,      149 

County  Collector,  order  for  $100,000  appropriation,  Form  No.  53,  158 

County  Collector,  order  for  balances,  Form  No.  56, 159 

County  Collector,  order  for  State  school  tax,  Form  No.  54,    ...  159 
County  Collector,  order  for  interest  of  surplus  revenue,  Form  No. 

55 159 

Examiners'  salary,  order  for,  Form  No.  57, 160 

Examination  of  teachers,  notice  of,  Form  No.  90,      164 

Expenses,  statement  of,  Form  No.  34, 157 


254  INDEX. 


FORMS  FOR  COUNTY  SUPERINTENDENTS  -Continued.  page. 

Graded  school,  request  of  District  Clerk  to  call  school  meeting  to 

establish,  Form  No.  84, 162 

Graded  school,  order  establishing-,  Form  No.  85, 162 

Institute,  certificate  of  attendance,  Form  No.  28, 157 

Institute,  notice  of,  Form  No.  27, 156 

Library,  report  of  condition  of,  Form  No.  33, 157 

School  District,  order  organizing,  Form  No.  86      163 

$chool  District,  notice  to  District  Clerks  of  Districts  affected  by 

proposed  changes,  Form  No.  87, 163 

Teachers'  certificate,   notice  to  District  Clerk  of  revocation  of, 

Form  No.  92, 165 

Township  Collector,  order  to  withhold  school  money  from  a  Dis- 
trict, Form  No.  89, 164 

Township   Collector,   order  to  withhold   school  money  from   a 

teacher,  Form  No.  88, 163 

Township  Boards  of  Trustees,  notice  of  meeting  of,  Form  No.  80,  160 

FORMS  FOR  DISTRICT  CLERKS. 

Affidavit  to  bill,  form  No.  64, 193 

Annual  meeting  for  election  of  Trustees,  notice  of,  Form  No.  96,  .  191 

Annual  meeting  for  ordering  District  tax,  notice  of,  Form  No.  98,  191 

Board  of  Trustees,  notice  of  meeting  of,  Form  No.  97, 191 

Bonds,  directions  for  proceedings,  Form  No.  63,    .    . ' 188 

Bonds,  report  of  proceedings,  Form  No.  61, 184 

Census  Report,  Form  No.  3, 174 

County  Superintendent,   notice  of  vacancy  in  Board  of  Trustees, 

Form  No.  103, 194 

County  Superintendent,  notice  of  election  of  Trustees,  Form  No. 

29, 181 

County  Superintendent,  report  of  amount  of  District  school  tax 

ordered  to  be  raised,  Form  No.  6a, 178 

Duties  of,  Form  No.  112, 200 

Financial  report  to  County  Superintendent,  Form  No.  3<2,      .   .    .  176 

Financial  record,  Form  No.  7, 207 

Financial  report  to  Township  Committee,  Form  No.  6 178 

Graded  school,  notice   of  meeting  to  consider  the  question  of 

establishing  a,  Form  No.  104, .  195 

Graded  school,  notice  to  County  Superintendent  of  the  action  of 

meeting,  Form  No.  105,  .    . 195 

Indebtedness  of  School  District,  report  to  County  Superintendent, 

Form  No.  52, 183 

Library,  report  of  purchases,  Form  No.  31, 182 

Manual  training,  application  for,  Form  No.  58, 183 

Minutes  of  Trustee  meeting,  Form  No.  61, 184 

School  tax,  notice  to  Assessor  of,  Form  No.  6ab, 179 


INDEX.  255 


FORMS  FOR  DISTRICT  CLERKS— Continued.  page. 

Various  specifications  of  business  to  be  transacted  that  may  be 

inserted  in  any  notice  for  District  meeting,  Form  No.  100,    .  192 

FORMS  FOR  DISTRICT  TRUSTEES. 

Annual  report  to  District,  Form  No  102, 194 

Appeal  to  State  Superintendent,  Form  No.  119, 210 

Application  for  State  aid  for  library,  Form  No.  30,   .' 182 

Application  for  loan  from  school  fund,  Form  No.  62, 187 

Bonds  to  be  issued  for  loan,  Form  No.  69, 190 

Contract  with  teacher,  Form  No.  107, 196 

Contract  for  building  a  school  house,  Form  No.  1 10, 198 

Deed  for  school  house  site,  Form  No.  109, 197 

Lease,  form  of,  Form  No.  108, 196 

Minutes  of  Trustee  meeting,  Form  No.  61, 184 

Note  for  money  borrowed,  Form  No.  in 199 

Order  for  teachers'  salary,  Form  No.  25, 180 

Order  for  miscellaneous  purposes,  Form  No.  26 181 

Special  District  meeting,  notice  for,  Form  No.  99, 192 

Vacancy  in  Board  of  Trustees,  notice  of,  Form  No.  103,     ....  194 
Various  specifications  of  business  to  be  transacted  that  may  be 

inserted  in  any  notice  for  District  meeting,  Form  No.  100,    .  192 

FORMS  FOR  TEACHERS. 

Appeal  to  State  Superintendent,  Form  No.  102, 194 

Certificate  that  child  has  attended  school,  Form  No.  71, 204 

Contract  with  District,  Form  No.  107, 196 

Examinations,  directions  for,  Form  No.  18,    .   . 203 

Graded  School,  county  report,  Form  No.  2, 201 

Graded  School,  city  report,  Form  No.  20, ,   .  • 202 

Library  Report  to  County  Superintendent,  Form  No.  32,    ....  204 
Report  to  County  Superintendent  when  leaving  a  school  before 

the  end  of  the  school  year,  Form  No.  113 205 

Report  to  County  Superintendent,  annual,  Form  No.  115,    .   .    .  206 

Report  to  District  Clerk,  anuual,  Form  No.  115, 206 

Report  to  Trustees  of  suspension  of  pupils,  Form  No.  114,     .    .    .  205 

FORMS  FOR  TOWNSHIP  COLLECTORS. 

Account  with  District,  Form  No.  7, 207 

Duties  of,  Form  No.  117 209 

Financial  report  to  County  Superintendent,  Form  No.  8,  ....  208 

Financial  report  to  Township  Committee,  Form  No.  8, 208 

Report  to  County  Superintendent  of  township  school  tax  ordered 

to  be  raised,  Form  No.  116, "...  209 


256  INDEX. 


FORMS  OF  DISTRICT  SCHOOL  MEETINGS.  Page. 

Minutes  of  meeting  authorizing  the  issue  of  bonds,  Form  No.  61,  184 

Notice  to  officers  elected  by  District,  Form  No.  106, 196 

Order  of  business,  Form  No.  101 193 

MISCELLANEOUS  FORMS  AND  DIRECTIONS. 

Appeal  to  State  Superintendent,  Form  No.  119, 210 

Calendar  for  school  elections  and  duties, 211 

Certificates,  directions  for  candidates,  Form  No.  18, 203 

Decisions  by  State  Superintendent, 129 

Report  of  County  Clerk  to  County  Superintendent  of  names  and 
post-office  address  of  Township  Collectors  and  City  Treas- 
urers, Form  No.  118, 210 

Rules  and  regulations  prescribed  by  State  Board  of  Education,  .    117 


AMBNDMKNTS 


TO 


SCHOOL    LAW. 

18O2. 


An  Act  to  amend  an  act  entitled  "  An  act  to  amend  an 
act  entitled  'An  act  to  establish  a  system  of  public 
instruction'"  [Revision],  approved  March  twenty- 
seventh,  one  thousand  eight  hundred  and  seventy- 
four,  which  was  approved  May  sixth,  one  thousand 
eight  hundred  and  eighty-nine. 

1.  BE  IT  ENACTED  by  the  Senate  and  General  Assembly 
the  State  of  New  Jersey,  That  in  order  to. enable  county  c 
superintendents  of  schools  to  devote  more  time  to  the 
discharge  of  the  duties  of  their  office,  and  to  properly 
examine  and  direct  the  schools  under  their  charge,  by 
frequent  visits  to  said  schools  and  counsel  and  direction 
to  teachers  in  the   proper  method   of  instruction,  their 
yearly  salary  shall  be  at  the  rate  of  twelve  and  a  half 
cents  for  each  child  in  the  county  between  the  ages  o 
five  and  eighteen,  as  ascertained  from  the  last  annual  proviso 
report   of  the   state   superintendent;  provided,  that  the 
salary  shall  in  no  case  be  less  than  eight  hundred  dollars, 
nor  more  than  thirteen  hundred  dollars;  and  provided,  that  Proviso, 
the   salary  of  a  superintendent   having   fifty   or   more 
district    schools    to    visit   shall   not   be  less   than   one 
thousand  dollars;  and  provided,  that  in  case  any  city  or 
town  shall  have  a  city  or  town  superintendent  of  schools, 


AMENDMENTS  TO 


the  children  belonging  to  such  city  or  town  shall  not 
be  counted  in  determining  the  salary  of  the  county 
superintendent,  and  the  supervision  of  the  schools  of 
said  city  or  town,  which  would  otherwise  belong  to  the 
county  superintendent,  shall  devolve  upon  the  city  or 
town  superintendent. 
This  repeals  section  25,  page  8. 


A  Further  Supplement  to  an  act  entitled  "An  act  to  es- 
tablish a  system  of  public  instruction,"  approved 
March  twenty-seventh,  eighteen  hundred  and  seventy- 
four. 

!duceationatrod  of  *•  BE  IT  ENACTED  by  the  Senate  and  General  Assembly  of 
?aakeencensus  the  State  of  New  Jersey,  That  hereafter  the  state  board  of 
v.  education  shall  cause  to  be  taken  during  the  month  of 


May  in  each  year  an  exact  census  of  all  children  resid- 
ing in  the  several  school  districts  in  this  state,  between 
the  ages  of  five  and  eighteen,  not  including  the  children 
who  may  be  inmates  of  poor  houses,  asylums  or  alms- 
houses,  and  shall  specify  the  names,  ages  and  residences 
of  such  children  and  the  names  and  residences  of  their 
parents  or  guardians  (all  children  who  may  be  absent 
from  home  attending  colleges,  boarding  schools  and 
private  seminaries  of  learning  shall  be  included  in  the 
census  list  of  the  city,  town  or  district  in  which  their 
parents  or  guardians  reside,  and  not  be  taken  in  the  city, 
town  or  district  where  they  may  be  attending  such  insti- 
tutions of  learning);  the  said  census  may  also  contain 
such  further  information  as  the  said  state  board  may  deem 
necessary  or  proper;  and  for  the  purpose  of  carrying 
out  the  object  of  this  act  the  said  state  board  is  hereby 
authorized  and  empowered  to  designate  a  suitable  per- 
o?cln3autsendent.  son,  to  be  known  as  the  superintendent  of  the  school 
census,  who  shall  hold  his  office  for  the  term  of  five 
years,  and  shall  receive  such  annual  compensation  and 
such  clerical  assistance  as  the  said  board  shall  designate, 
and  whose  duty  it  shall  be  to  take  charge  of  all  the  de- 


SCHOOL  LAW. 


tails  connected  with  the  taking  of  the   annual   school 

census;  the  said  superintendent  shall  make  a  full  report ?0u?ejlnrtcudent 

thereof  to  the  state  board  of  education,  verified  by  him 

under  oath  that  the  same  is  correct  and  true  to  the  best 

of  his  knowledge  and  belief,  on  or  before  the  first  day  of 

September  in  each  and  every  year. 

2.  And  be  it  enacted,  That  the  said  superintendent  shall  ^SlSltorg. 
have  power,  with   the  approval  of  the  president  of  the 

state  board  of  education,  to  designate  as  many  suitable 
persons  as  may  be  necessary,  to  act  as  enumerators  for 
the  several  school  districts  of  the  state  in  taking  the 
school  census  aforesaid  ;  and  he  shall  have  the  power,  StSsaTld 
with  the  approval  of  the  said  state  board  of  education, 
to  establish  such  rules  and  regulations  as  may  be  neces- 
sary and  proper,  governing  the  taking  of  the  said  census 
and  the  said  enumerators;  and  he  shall  provide  and ^anks. 
furnish  the  enumerators  blank  books,  forms  and  such 
other  stationery  as  may  be  necessary;  the  said  enum- 
erators shall  perform  their  work  within  the  time  and  in 
accordance  with  the  rules  and  regulations  of  the  said 
superintendent,  and  shall  be  entitled  to  receive  for  their 
services  the  sum  of  five  cents  for  each  and  every  child's 
name  taken  in  accordance  with  this  act,  which  said 
compensation  shall  be  paid  to  the  said  enumerators  in  compensation, 
the  same  manner  as  is  now  provided  by  law,  upon  the 
certificate  of  the  superintendent  of  the  census, 

3.  And  be  it  enacted,  That  all  other  modes  of  taking 
paying  for  the  school  census  are  hereby  abolished,  and 
all   general,  public,  special  or  other  acts  of  any  kind 
whatsoever,  or  any  part  thereof,   inconsistent  with   the 
provisions  of  this  act,  are  hereby  abrogated  and  repealed, 
and  this  act  shall  take  effect  immediately. 

This  repeals  section  59,  page  18,  and  sections  248  and 
249,  page  92, 


AMENDMENTS  TO 


106.  That  any  indigent  deaf-mute  of  suitable  capacity, 
.  ccTii.  |i.  who  shall  be  a  legal  resident  of  this  state,  and  who  shall 


be  not  less  than  eight  years  nor  more  than  twenty-one 
years  of  age,  may  be  admitted  to  and  be  entitled  to  the 
benefits  of  the  institution,  subject  to  such  rules  and 
regulations  as  have  been  or  may  be  established  by  the 

SonmofiU8truc"  state  board  of  education;  the  term  of  instruction  shall 
be  three  years,  but  in  any  case  in  which  it  may  be  proper, 
in  the  judgment  of  the  said  board,  the  term  may  be 
thereupon  extended  by  said  board  for  a  period  not  ex- 
ceeding eight  years,  which  said  term  may  be  further  ex- 
tended by  said  board  in  meritorious  cases  for  a  period 

provia».  no£    exceeding    three   additional   years  ;    and  provided 

further,  that  when  it  shall  be  found,  in  the  judgment  of 
said  board,  that  any  pupil  now  in  the  institution,  or 
hereafter  admitted,  shall  be,  from  want  of  capacity 
or  other  cause,  not  capable  of  receiving  the  benefits 
designed  to  be  conferred,  or  that  the  retention  of  any 
pupil  is  or  may  be  detrimental  to  the  interests  of  the 
school,  the  said  board  shall  have  power  to  shorten  the 
term  of,  or  to  dismiss  from  the  .school  such  pupil  upon 
reasonable  notice  given  to  his  or  her  parents  or  guar- 
dians. 

This  amends  section  106,  page  36. 


A  Supplement  to 'an  act  entitled  "An  act  for  the  forma- 
tion and  government  of  boroughs,"  approved  April 
second,  one  thousand  eight  hundred  and  ninety-one. 

Borough  ^  ^  4.  And  be  it  enacted,  That  the  school  taxes  to  be  levied, 
schoofmoniys.  assessed  and  collected,  within  said  borough,  shall  be 
.  cell  H.  levied,  assessed  and  collected  by  the  borough  assessor 
and  collector,  respectively,  and  said  collector  shall  re- 
ceive and  hold  the  school  moneys  so  collected,  within 
said  borough,  in  trust,  to  be  paid  out  on  the  order  of 
the  district  clerk  or  treasurer  of  the  school  district,  or 
school  borough,  in  the  manner  provided  by  the  act  en- 
titled "An  act  to  establish  a  system  of  public  instruction," 


SCHOOL  LAW. 


approved    March    twenty-seventh,   one   thousand    eight 
hundred  and  seventy-four. 

This  amends  section  162,  page  55. 


An  Act  to  amend  an  act  entitled  "An  act  providing  for 
the  formation  and  government  of  towns,"  approved 
April  twenty-fourth,  one  thousand  eight  hundred  and 
eighty-eight. 


16.  And  be  it  enacted,  That  except  as  herein 
provided,  at  the  first  town  election  held  under  this  act  educatu™. 

.P.  L.  1892, 

one  member  of  the  council  from  each  ward  shall  bechap-lix< 
elected  for  one  year,  and  one  member  for  two  years, 
and  one  member  of  the  board  of  education  shall  be 
elected  for  one  year,  and  one  member  for  two  years,  and 
one  member  for  three  years  ;  and  the  electors  voting  at 
such  election  shall  designate  on  their  ballots  the  terms 
for  which  the  several  candidates  for  said  offices  shall  be 
elected;  and  thereafter  annually  a  member  of  the 
council  shall  be  chosen  from  each  ward  for  two  years, 
and  a  member  of  the  board  of  education  for  three  years. 
82.  And  be  it  enacted,  That  all  the  property,  real  and 
personal,  of  the  several  school  districts  existing  withinthirsaacttuonblr 

f  i  i   •        1      r  •       consolidated. 

the  limits  or  any  town,  borough  or  township,  before  itsjwd-  &• 

incorporation    under   the   provisions   of  this  act,  shall, 

upon   such  incorporation,  become  and  be  the  property 

of  such  incorporated  town,  and  shall  be  held  in  its  cor- 

porate name,  and  the  several  obligations,  contracts  and 

debts  of  said  previously  existing  school  district  shall  be 

assumed  by  and   shall  become  and  be  the  obligations, 

contracts  and  debts  of  said  incorporated  town  ;  and  that 

the  board  of  education  shall  possess  and  exercise  all  the 

powers  and  perform  all  the  duties  by  law  vested  in  or 

imposed  upon  the  trustees  of  school  districts  ;  they  shall  ofTdeucaMobn°.ard 

organize  annually  by  choosing  a  chairman  and  a  clerk, 

and  may  establish  schools  and  provide  for  their  govern- 

ment, and  shall  keep  all  school  property  in  good  repair; 

they  shall  define  and  fix  the  duties  and  compensation 


AMENDMENTS  TO 


of  their  clerk,  who  shall  also  perform  all  duties  enjoined 
proviso.  by  law  on  district  clerks ;  provided,  that  no  property 
shall  be  bought  or  building  erected  by  the  said  board 
unless  a  majority  of  the  voters  of  the  town  voting  at  an 
annual  town  meeting  shall  have  voted  an  appropriation 
for  that  purpose  ;  in  case  any  appropriation  for  the  pur- 
chase of  land  and  the  erection  of  a  school  building 
shall  be  voted  by  the  electors  of  the  town  at  any  town 
election,  the  council  shall  issue  bonds  in  the  corporate 
name  of  the  town  for  the  amount  of  such  appropriation 
in  such  denominations  as  they  shall  deem  proper;  such 
bonds  shall  be  designated  "school  bonds,"  shall  bear 
interest  at  not  exceeding  the  rate  of  six  per  centum  per 
annum,  and  shall  not  be  sold  for  less  than  their  par 
value;  they  shall  be  made  payable  in  such  manner  that 
at  the  expiration  of  three  years  three-fifteenths  thereof 
shall  become  due  and  payable,  and  thereafter  one- 
fifteenth  thereof  shall  become  due  and  payable  annually ; 
the  council  shall  provide  for  raising  by  taxation  an- 
nually, the  interest  thereon  and  one-fifteenth  of  the 
principal  thereof;  the  proceeds  of  the  sale  of  said  bonds 
shall  be  held  by  the  town  treasurer,  and  shall  be  paid 
out  by  him  on  the  warrants  of  the  board  of  education ; 
at  any  time  after  an  appropriation  is  voted  as  aforesaid, 
the  board  of  education  may  purchase  the  necessary  land 
and  enter  into  contract  for  the  erection  of  a  school 
building  thereon,  the  title  to  which  property  shall  be 
vested  in  the  town  by  its  corporate  name. 

These  sections  amend  sections  289  and  294,  pages  103 
and  104. 


SCHOOL  LAW. 


A  Supplement  to  an  act  entitled  "An  act  to  establish  a 
system  of  public  instruction  "  [Revision],  approved 
March  twenty-seventh,  one  thousand  eight  hundred 
and  seventy-four. 

1.  BE  IT  ENACTED,  by  the  Senate  and  General  Assembly  JilSon  toppro" 


of  the  State  of  New  Jersey,  That  in  case  any  public  school  Sm?m>a 

in  this  State  shall  (after  the  date  of  the  establish  men  t  fp^™^011 

of  a  school  library  therein)  have  neglected  in  any  year  Chap>  xxxiv> 

or  years  to  raise,  by  subscription  or  entertainment,  the 

sum  of  ten  dollars  annually,  for  the  establishment  and 

maintenance  in  such  school  of  a  school  library  and  to 

procure  philosophical  and  chemical  apparatus;  and  such 

school  shall  in  consequence  have  failed  to  receive  from 

the  treasurer  of  the  school  fund,  upon  the  order  of  the 

state  superintendent  of  education,  the  sum  of  ten  dollars, 

in  any  such  year  or  years,  for  the  purposes  aforesaid  ; 

the  treasurer  of  the  school  fund,  upon  the  order  of  the 

state  superintendent  of  education,  is  hereby  authorized 

and  directed  to  pay  over  to  said  school,  out  of  the  in- 

come of  the  school  fund,  the  sum  of  ten  dollars  for  each 

year  during  which  such  school  shall  have  so  neglected 

to  raise,  by  subscription   or  entertainment,  a  like  sum 

for  the  purposes  aforesaid,  provided  that  within  one  year  proviso. 

from  the  passage  of  this  act  there  shall  have  been  raised 

for  such  public  school,  by  subscription  or  entertainment, 

a  like  sum  for  each  of  such  years  for  the  purpose  afore- 

said ;  and  further  provided,  that  the  amount  to  be  paid  Prov!s°- 

any  one  school  district  under  this  act  shall  not  exceed 

forty  dollars;  and  provided  further,  that  the  total  amount 

expended  under  the  provisions  of  this  act  shall  not  ex- 

ceed the  sum  of  one  thousand  dollars. 


AMENDMENTS  TO 


Commission  of 
public  instruc- 
tion In  cities  of 
the  second  class 
having  popula- 
tion exceeding 
50,000. 
P.  L.  1892, 
Chap.  xlix.    81. 


T«rrn. 


Mayor  is,  ex- 
offlcio,  a 
member. 


Powers  and 
duties. 


An  Act  to  provide  for  the  establishment  of  a  commission 
of  public  instruction  in  cities  of  the  second  class  in 
this  State,  whose  population  now  exceeds  or  may  here- 
after exceed  fifty  thousand. 

1.  BE  IT  ENACTED  by  the  Senate  and  General  Assembly  of 
the  State  of  New  Jersey,  That  there  shall  be  established  in 
every  city  of  the  second  class  in  this  State,  whose  popu- 
lation now  exceeds  or  may  hereafter  exceed  fifty  thou- 
sand, a  board  of  education,  which  shall  be  composed  of 
and  managed  and  controlled  by  eight  commissioners,  to 
be  known  as  commissioners  of  public  instruction,  and 
not  more  than  one-half  of  the  said  commissioners  shall 
be  of  the  same  political  party ;  the  said  commissioners 
shall  be  appointed  by  the  ma}7or  of  such  cities  for  the 
term  of   two  years;   not  more  than   one  commissioner 
shall  be  appointed  from  the  same  ward,  except  in  such 
cities  where  there  are  less   than  eight  wards;  the  first 
appointment  of  commissioners  shall  be  four  for  one  year, 
and  the  remainder  of  the  board  for  two  years,  so  that 
they  shall  be  divided  into  classes,  one  class  going  out 
each  year;  and  thereafter  there  shall  be  appointed  every 
year  an  equal  number  to  fill  the  places  of  those  whose 
terms  expire  in  that  year,  and  in  case  of  a  vacancy  in 
any  such  office  the  appointment  to  fill  the  same  shall  be 
for  the  unexpired  term  only  and  shall  be  made  by  the 
mayor;  and  the  mayor  of  such  cities  shall  be  a  member 
ex-officio  of  said  board  and  shall  be  entitled  to   vote 
therein  in  case  of  a  tie;  the  said  commissioners  appointed 
under  this  act  shall  perform  their  duties  without  pay. 

2.  And  be  it  enacted,  That  the  commissioners  of  public 
instruction  appointed  under  this  act  shall  be  and  they 
are  hereby  invested  with  and  shall  possess  and  exercise 
all  the  same  powers  which  by  law  are  now  vested  in 
and  exercised  by  the  department  of  public  instruction, 
boards  of  education,  school    trustees,   commissioners  of 
public   instruction,   or   other  such   body,  by    whatever 
name  called,  having  the  management  and  control  of  the 


SCHOOL  LAW.  9 


public  schools  in  any  such  cities  of  the  second  class  in 
this  state,  and  the  said  commissioners  shall  perform  the 
same  duties  now  required  of  or  imposed  by  law  upon 
ariy  such  department,  boards,  trustees  or  commissioners 
in  any  such  cities;  they  shall  also  adopt  such  rules  and 
regulations  as  to  the  appointment,  control,  duties,  dis- 
missals and  salaries  of  their  officers,  teachers  or  other 
employees  as  to  them  shall  seem  expedient,  and  may 
alter  the  same  at  pleasure,  except  where  the  term  of 
office  or  salaries  of  such  officers  or  employees  is  now 
fixed  by  law;  no  such  officer  or  employee  shall  be  a 
member  of  such  commission ;  and  the  salaries  of  the 
officers,  teachers  and  other  employees  of  such  board* 
and  all  other  moneys  necessary  for  the  use  of  said 
board,  shall  be  obtained  and  paid  in  the  same  manner 
as  is  now  provided  by  law  in  any  such  cities;  provided  Proviso, 
that  none  of  the  powers  and  privileges  conferred  in  this 
act  shall  be  so  exercised  as  to  nullify  or  conflict  with 
the  rules  and  regulations  of  the  state  board  of  education. 

3.  And  be  it  enacted,  That  the  said  commissioners  ofgS 
public  instruction,  appointed  under  this  act,  shall  take 
or  subscribe  an  oath  or  affirmation    before   the  police* 
justice  of  such  cities  or  any  other  officer  qualified  to 
administer  oaths,  faithfully  and  impartially  to  perform 

the  duties  of  such  office,  and  on  the  third  Monday  in  2™0en  of  com-1" 
April  next  after  this  act  takes  effect,  at  ten  o'clock  in  theml88lon' 
forenoon,   and   annually    thereafter,    shall    proceed    to 
organize  said  board  by  the  election  of  one  of  the  said 
commissioners  as  president  for  the  term  of  one  year. 

4.  And  be  it  enacted.  That  the  said  commissioners  of  Former  boards 

7  abolished. 

public  instruction  hereby  established  in  such  cities  of 
the  second  class,  shall  be  instead,  and  shall  take  the 
place  of,  and  be  in  lieu  of,  any  and  all  other  boards  of 
education,  departments  of  public  instruction,  commis- 
sioners of  public  instruction,  school  trustees,  or  by  what- 
ever name  such  offices,  officers,  departments  or  boards 
may  be  called  in  such  cities,  and  the  offices  and  terms  of 
office  of  any  and  all  other  commissioners  of  public 


10  AMENDMENTS  TO  SCHOOL  LAW. 


instruction,  school  trustees,  or  boards  of  education,  or 
departments  of  public  instruction,  except  those  appointed 
and  recognized  by  this  act,  shall  be  and  they  are  hereby 
abolished,  terminated  and  ended  at  ten  o'clock  in  the 
forenoon  on  the  third  Monday  in  April  next  after  this 
act  takes  effect. 

ofcitryint!bp°£  5.  And  be  it  enacted,  That  the  board  of  aldermen^ 
ms, etc.  common  COUDCil  or  other  governing  body,  by  whatever 
name  called  in  such  cities,  where  the  said  commissioners 
of  public  instruction  are  appointed  under  this  act,  shall 
provide  suitable  rooms  for  the  transaction  of  the  business 
of  the  said  board  of  education  and  shall  procure  suitable 
furniture  therefor. 

corporate  name  6.  And  be  it  enacted,  That  the  corporate  name  of  such 
commission  shall  be  known  as  "The  Commissioners  of 
Public  Instruction  of  the  City  of  (here  insert  the  name  of 
the  city)." 

Repealer.  7.  And  be  it  enacted,  That  all  acts  or  parts  of  acts, 

general,  special  or  local,  and  all  charters  or  parts  of 
charters  of  any  city  inconsistent  with  this  act  be  and 
the  same  are  hereby  repealed,  and  this  act  shall  be 
deemed  a  public  act  and  shall  take  effect  immediately. 


